The Case

SafeWork NSW v Tunny Pty Ltd; SafeWork NSW v Waring (2022)

Tunny Pty Ltd and sole director Aidan Arthur Waring operated a car wrecking and automobile parts business. In 2014, Mr Waring retired and left his nephew as company manager.

In June 2019, two workers were loading automobile parts onto a shipping container. The wheel loader that was used to assist with loading had been modified using pallet forks, fork extensions, a jib attachment, chain slings and/or a grab hook. When loading a 1-tonne tray of a flatbed truck, the hook detached, and the tray fell and hit a worker below, causing serious injuries.