A work health and safety (WHS) or enforceable undertaking is an alternative to a court imposed sanction for an alleged contravention of the Work Health and Safety Act 2012. It is a written legally binding commitment to implement effective work health and safety initiatives that deliver tangible benefits for workers, industry, and the community as a whole.
See also court summaries.
Qube Logistics (WA) Pty Ltd
Date accepted: 15 July 2026
The incident
On 3 March 2023, workers at Qube Logistics (WA) Pty Ltd’s container modification and fabrication workplace at Bridgewater, Tasmania, were unloading fibreglass composite panels stored inside a shipping container. Four workers, including first-year apprentice carpenter, were inside the container manually unloading six large fibreglass panels weighing approximately 80kg each.
A second shipping container had been stored directly on top of the container being accessed, preventing the use of the company’s required container safety flag system.
During the unloading process, a supervisor operated a forklift to lift and reposition the upper container while workers remained inside the lower container. The movement caused the lower container to shudder and vibrate, destabilising the unsecured panels and causing them to collapse. While the other workers were able to move clear, the apprentice was struck and crushed by multiple panels.
The apprentice sustained catastrophic spinal injuries resulting in permanent impairment.
The breaches
Qube Logistics (WA) Pty Ltd was charged with failing to comply with its primary duty of care as a person conducting a business or undertaking under section 19(1) of the Work Health and Safety Act 2012 (the Act). The alleged offence was contrary to section 32 of the Act, or alternatively section 33, in that the failure exposed an individual to a risk of death or serious injury.
Summary/cost of activities to be undertaken
Qube Logistics (WA) Pty Ltd proposed a WHS undertaking to the Regulator as an alternative to court proceedings.
Activities to deliver benefits to workers and others ($168,838.00) are:
- Implementing AI-enabled pedestrian detection and proximity warning systems on forklifts and loaders across Qube’s Tasmanian operations to improve hazard awareness and reduce risks associated with interactions between pedestrians and mobile plant.
- Implementing an AI-enabled wearable device program to analyse hazardous manual handling tasks, identify risks and improve manual handling practices through real-time feedback and data-driven insights.
Activities to deliver benefits to industry ($138,389.60) include:
- Delivering six industry presentations, including during WorkSafe Tasmania’s Safety Month, to share lessons learnt from implementing AI-enabled safety technologies and promote their application within the logistics and infrastructure industries.
- Partnering with TasTAFE to deliver accredited WHS training courses for managers and supervisors within the logistics and infrastructure industries, strengthening WHS leadership capability across the sector.
- Providing TasTAFE with a virtual reality (VR) training solution, including VR headsets and access to WHS training modules focused on hazard awareness, forklift safety, manual handling and other high-risk work activities.
Activities to deliver benefits to the community ($50,000) include:
- Developing and delivering a statewide mental health awareness campaign in partnership with Lifeline Tasmania to promote access to free and confidential counselling services for workers in male-dominated industries, including apprentices.
Reasons for accepting the undertaking
The Regulator accepted the WHS undertaking under Part 11 of the Work Health and Safety Act 2012 and is satisfied that the undertaking is likely to deliver long-term and sustainable safety improvements to work health and safety across the workplace, industry and community. The Regulator also considers the undertaking to be a more effective outcome than court proceedings and proportionate to the circumstances of the incident.
Fairbrother Pty Ltd
Date accepted: 22 December 2025
The incident
On 22 August 2022, a fourth-year apprentice bricklayer employed by a subcontractor of Fairbrother Pty Ltd fell approximately 12 metres down a service shaft from level 4 to the ground floor at a Hobart construction site. He sustained serious injuries, including fractures, knee and hand injuries, and lacerations.
Fairbrother Pty Ltd, the Principal Contractor, had overall control and management of the site. The apprentice was constructing a block fire wall near a service shaft that was temporarily covered with plywood and a wooden plank supported by an acrow prop. A ladder was stored on top of this covering. A Fairbrother employee removed the handrail and prop, and when the apprentice later reached to steady a shifting ladder stored on the cover, it gave way, causing his fall.
WorkSafe Tasmania found Fairbrother Pty Ltd failed to provide and maintain a safe system of work to prevent falls.
The breaches
Fairbrother Pty Ltd was charged with a Category 2 offence under sections 19(1) and 32 of the Work Health and Safety Act 2012.
Summary/cost of activities to be undertaken
Fairbrother Pty Ltd offered a written Work Health and Safety undertaking, comprising:
- Benefits to workers and others ($92,800.00):
- Implement a companywide safety culture program
- Upskill all Site Managers and SQE Coordinators
- Develop concise one-page guidance materials on key procedures
- Benefits to industry ($95,000.00):
- Fund a free Managing Height Safety for Supervisors training course (via Master Builders Tasmania) for new or less-experienced supervisors, covering fall protection and contractor management
- Benefits to the community ($20,000):
- Make a one-off donation to the Perry Cross Spinal Research Foundation.
Reasons for accepting the undertaking
The Regulator accepted the WHS undertaking under Part 11 of the Work Health and Safety Act 2012, satisfied that it will deliver long-term, sustainable safety improvements across the workplace, industry and community, and that the outcomes are superior to and proportionate with Court proceedings.
Shaw Contracting (Aust) Pty Ltd
Date accepted: 6 December 2024
The incident
On 13 December 2021, a worker of Shaw Contracting (Aust) Pty Ltd was struck by a 13t excavator being operated by an employee of a subcontracting company.
At the time of the incident, Shaw Contracting (Aust) Pty Ltd was contracted by the State government to widen both sides of a 4km stretch of road between Youngmans Road and Dawsons Slinging Road, Railton. The work involved shoulder widening, excavation, drainage works and pavement placement.
The worker was struck by the excavator as it was tramming backwards during shoulder sealing works. The excavator pinned the worker underneath the right-hand track of the 13t excavator, resulting in serious crush injuries to his legs, requiring below knee surgical amputation of his left leg.
The WorkSafe investigation found that Shaw Contracting (Aus) Pty Ltd, whilst requiring an exclusion zone around mobile plant, did not have any policies or procedures that defined the minimum distance ground crews must remain away from mobile plant.
The breaches
Shaw Contracting (Aust) Pty Ltd was charged with a Category 2 offence contrary to sections 19(1) and 32 of the Work Health and Safety Act 2012. The charge alleges a failure to comply with a health and safety duty – Category 2.
Summary/cost of activities to be undertaken
Shaw Contracting (Aust) Pty Ltd approached the Regulator to enter not a WHS undertaking rather than be the subject of judicial review.
Activities to deliver benefits to workers and others ($153,500) are:
- Purchasing and fitting Blindsight safety system to 9 Shaw Contracting 8 tonne through to 13 tonne excavators plus 1 Hi Rail Truck. Blindsight alerts vehicle operators and workers/pedestrians to risks in their blind spots, and automates health and safety reporting, including video, leading safety metrics and automated risk analysis
- Promoting and sharing learning outcomes associated with the implementation of the Blindsight technology with the Civil Contractors Federation (CCF) Tasmania.
Activities to deliver benefits to industry ($15,000) include:
- Funding a tailored industry course from Civil Contractors Federation for a new and/or potential female members into the industry through its Job-Ready Program.
Activities to deliver benefits to the community ($7,000) include:
- Producing an animated video about the incident and the remedial steps taken to prevent a recurrence.
Reasons for accepting the undertaking
The Regulator accepted the WHS undertaking under Part 11 of the Work Health and Safety Act 2012 and is satisfied that the strategies proposed/actions taken in this undertaking are likely to deliver long-term, sustainable safety improvements in the workplace, industry and community; are superior to Court proceedings; and proportionate to the incident.
Crossroads Civil Contracting Pty Ltd
Date accepted: 23 June 2022
The incident
On 3 October 2019, a semi-trailer loaded with high-density polyethylene pipes arrived on an urban subdivision being developed by Crossroads Civil Contracting Pty Ltd.
The excavator operator and the supervisor at the site were rolling up the load restraint straps of the trailer with the truck driver, when some of the pipes fell.
The truck driver was pinned against the side of the truck by a falling pipe. The supervisor was pinned to the ground under two 150 kilogram bundles of pipes. They both sustained serious injuries; the supervisor was incapacitated and unable to perform work for more than 7 months.
The WorkSafe investigation found there was unsafe loading/unloading of the pipes:
- the pipes were not loaded according to the Load Restraint Guide 2018
- there was no safe system of work for unloading or to manage the risks associated with this task
- a number of lifting slings were damaged and unsafe to use.
WorkSafe also found that deliveries should not have been made directly to the site.
The breaches
Crossroads Civil Contracting failed to comply with a health and safety duty: Category 2, section 32 of the Work Health and Safety Act 2012.
Summary/cost of activities to be undertaken
Crossroads Civil Contracting approached the Regulator to enter into a WHS undertaking rather than be the subject of judicial review.
Under the WHS Undertaking, Crossroads Civil Contracting has committed to ensuring the behaviour, activities and other factors that caused or led to the incident have stopped and won’t happen again. The management team is committed to driving a higher level if safety culture.
Activities to deliver benefits to the workplace ($15,000) are:
- engaging an external consultant to audit its safety management system, and implementing any recommendations
- implementing an internal audit schedule to audit its safety management system.
Activities to deliver benefits to industry ($59,500) include:
- sponsoring a Northern and Southern Tasmania Civil Contractors Federation Industry forum
- developing a training module for industry with TasTafe about securing loads and unloading deliveries safely
- developing a re-enactment and education video about the incident and presenting it at a future WorkSafe Conference that Crossroads will sponsor.
Activities to deliver benefits to the community ($20,000):
- developing a program with Launceston City Council to educate local school children about road safety for pedestrians, cyclists and motorists around construction sites.
Other/remedial work done since the incident ($380,000):
- establishing a safety committee that meets monthly
- providing leaders and workers with coaching, mentoring, training and toolbox presentations in various aspects of WHS (including risk management, hazard reporting)
- implementing an online induction program
- reaffirming delivery requirements with suppliers and transport companies
- improving safety processes, particularly for high-risk activities
- creating a safety alert about the incident and communicating this throughout the Hazell Bros group that owns Crossroads
- communicating with contractors and suppliers on WHS matters.
Reasons for accepting the undertaking
The Regulator accepted the WHS undertaking under Part 11 of the Work Health and Safety Act 2012 and is satisfied that the strategies proposed/actions taken in this undertaking are likely to deliver long-term, sustainable safety improvements in the workplace, industry and community; are superior to Court proceedings; and proportionate to the incident.
Rampro Roofing Pty Ptd and Brian Marusarz
Date accepted: 14 May 2021
Incident
On 2 August 2017, a casual worker of Rampro was replacing a roof at a commercial warehouse, along with Brian Marusarz, owner/director of Rampro, and four other workers.
The worker was working on a live edge of the warehouse. Contrary to the safe work method statement (SWMS) for the task, he was not wearing a safety harness.
An old roofing sheet slipped and the worker fell around 8 metres through the roof and hit the ground. As a result, he sustained significant injuries including broken ribs and pelvis, fractured vertebrae, a collapsed lung, and other organ injuries.
The breaches
Rampro Roofing breached sections 19(1)(1a) and 32 of the Work Health and Safety Act 2012.
Brian Marusarz breached sections 27(5)(e) and 32 of the Work Health and Safety Act 2012.
Summary/cost of activities to be undertaken
Following the incident, Rampro took significant steps to improve its safety management systems, safe work procedures and practices, equipment, and training for its workers. Brian Marusarz expressed regret that the incident occurred, and acknowledged the need to improve Rampro’s work health and safety culture, awareness and practices.
Rampro and Brian Marusarz also agreed to undertake the following activities.
Activities to deliver benefits to workers: $13,250
- annual working at height refresher course for all workers
- accredited HSR course for two workers
- Rampro and Brian Marusarz will actively discourage workers from doing weekend work for cash
Activities to deliver benefits to industry: $21,750
- tailored industry culture course on roofing and working at heights. Rampro to engage an approved registered training provider; sessions to be delivered to new or existing industry members of groups of up to 10 people per session over 2 years
- Rampro and Brian Marusarz to sponsors either a TAFE vocational or pre-vocational course specifically on working from heights or related to roofing; or to cover the costs of working at height course delivered by the above registered training provider for long-term unemployed people interested in the roofing industry
Activities to deliver benefits to community: $7,000
- Brian Marusarz to write article for WorkSafe publication detailing his experience in the industry and in relation to the incident
- Brian Marusarz to attend and speak about this experience at WorkSafe Month event
- Rampro to donate roofing services and equipment to any construction industry-based charity approved by the regulator for each project undertaking in five years; or in the event that such services cannot be provided, to make a donation in cash
Total costs: $42,000
Reasons for accepting the undertaking
The Regulator accepted the WHS undertaking under Part 11 of the Work Health and Safety Act 2012 and is satisfied that the strategies proposed/actions taken in this undertaking are likely to deliver long-term, sustainable safety improvements in the workplace, industry and community; are superior to Court proceedings; and proportionate to the incident.