Victorian Trades Hall Council. The voice of Victorian workers since 1856.Victorian Trades Hall Council. The voice of Victorian workers since 1856.

LHMU calls for improved safety standards after Fosters’ record fine for brewery death

LHMU Media Release Issued 12.30pm Tuesday, 5 August 2008
The LHMU is calling on the Fosters Group to work with union members to make significant improvements to safety after the company today received a record fine resulting from the death of a worker at the company’s Abbotsford Brewery.

The Fosters Group was sentenced to fines of $1.125 million in the County Court this morning after pleading guilty to two workplace safety charges. The fines are the highest ever given for individual charges, and follows Victoria’s Occupational Health and Safety Act being updated in 2004 to allow for substantially increased penalties.

Acting Judge of the County Court Barbara Cottrell heard that on 13 April 2006 Mr Cuu Huynh, 52 year-old Wantirna father and LHMU member, was crushed between the handrail and door of a depalletiser machine, which takes empty bottles from pallets before they are filled with beer.

She found that a reasonable employer placed in a similar position would have foreseen the risks and there were reasonable and practical ways that the company could have prevented Mr Huynh’s death.
She noted that employers need to provide safety information to workers in a language they can read and understand.

She stated that general deterrence was a key factor in determining her sentence.
LHMU State Secretary Jess Walsh said staff remain deeply traumatised by the loss of their workmate and are determined to ensure Fosters improves safety standards and procedures at the Abbotsford plant.
“We believe this fine is appropriate. We believe it sends a powerful message to Fosters and other employers that workers safety must come first,” said Walsh.

“Cuu was liked and well respected by fellow union members. Many of our members remain deeply affected by his death.

“Members want Fosters to take responsibility for ensuring a tragic, unnecessary death such as this never happens again.

“We are calling on Fosters to work with us and WorkSafe to make real and meaningful improvements to its safety standards and procedures.

LHMU delegates say the death exposed the failure of Fosters’ OH&S committee at the Abbotsford brewery to effectively deal with safety hazards.

“Union delegates tell us the OH&S committee is dominated by management and they are unable to have their safety concerns properly addressed.”

“We want to see shopfloor OH&S representatives given a real say about safety matters at the brewery.”
“Fosters’ Abbotsford brewery has a large migrant workforce and our members there have repeatedly called for its safety guidelines to be translated and explained in other languages. These calls have been ignored.”

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