Jack Harrison Elvery, Askin Qld fined combined $130k over worker’s horror fall at Mackay abattoir

A Brisbane tradie’s ‘blatant and arrogant decision’ that left one of his workers crippled after a horror fall has been hit with a monster fine.

A Brisbane worker suffered serious injuries following a fall at Thomas Borthwick and Sons’ Bakers Creek abattoir in April 2022.

A Brisbane tradie’s “gung ho” attitude to safety which left one of his workers crippled after a horror fall has been hit with a monster fine.

Magistrate Damien Dwyer didn’t hold back against Jack Harrison Elvery for his “blatant, considered and arrogant decision” to risk his employee’s life by ordering him into an extremely dangerous scenario despite other workers pointing out the obvious perils.

“He completely abdicated his obligations and duties for what can only be described as time constraints and profit,” Mr Dwyer said.

As a result the 30-year-old fell more than three metres onto a concrete floor after being told to stomp out 100kg roof panels, without a safety harness, as part of a time-pressured job.

Mr Dwyer also criticised national panel manufacturing company Askin, who subcontracted the work to Elvery, for its own “tick and flick” approach to safety over the job that ended in a “foreseeable event … with great consequences”.

‘Other workers refused’ to go in the space

In November 2021 Thomas Borthwick and Sons hired Askin’s Queensland branch to supply and install an insulated ceiling at its Bakers Creek business; Askin then engaged one of its regular sub contractors, Elvery’s business Snap Freeze, to complete the work while the abattoir was closed over the 2022 Easter long weekend.

Mackay Magistrates Court heard Askin had some but not all of the required safety management plans and statements for the four-day project with Thomas Borthwick and Sons, but had failed to supply any to Elvery.

Snap Freeze owner Jack Harrison Elvery leaves Mackay courthouse in October 2024 after pleading guilty to failing to comply with health and safety duty – category 2. Picture: Janessa Ekert

Mr Dwyer said it “beggars belief why Elvery would continue in a job without the benefit of those statements”.

But in April the 28-year-old business owner and his workers flew to Mackay to start the job – it was noted “the workers were not given any clear direction or instruction as to how to carry out the work”.

“The workers noticed that the ceiling and existing panels were in poor condition including evidence of rust,” Mr Dwyer said.

“The other workers told Elvery that it was not safe and they refused to go into the ceiling space.”

However Elvery still directed one of his employees into the ceiling without providing a harness or any fall protection measures, and even told him to stomp on a stubborn panel to help release it.

The court heard after complying with the direction, the worker moved to a different panel which released under him and he fell with the panel about 3.4m to the concrete below suffering serious injuries.

He now suffers from ongoing chronic pain – he cannot sit or stand for more than 20 minutes without torment and has had to move back in with his parents.

“Simply putting on clothing causes him pain,” Mr Dwyer said, reading the victim impact statement.

“He no longer has his independence. He has suffered significant financial loss.”

Horror fall ‘entirely avoidable’

Askin (QLD) and Jack Harrison Elvery each pleaded guilty to failing to comply with health and safety duty – category 2.

Workplace health and safety prosecution argued the event was “entirely avoidable”, pushing for an $80,000-$100,000 fine for Askin and $30,000-$50,000 fine for Elvery.

Mr Dwyer found Elvery’s culpability was “much higher” than that of Askin, in ordering his worker into the ceiling space knowing there were not fall protections and knowing other workers had refused because it was unsafe.

“He acted in a very gung ho manner,” Mr Dwyer said.

Snap Freeze owner Jack Harrison Elvery leaves Mackay courthouse in October 2024 after pleading guilty to failing to comply with health and safety duty – category 2. Picture: Janessa Ekert

“He was on site, he saw the risk, he knew about it, he had advice from his employees which he ignored.

“It was a blatant, considered and arrogant decision he made to disregard those risks in the face of expediency of time and profit.

“There was pressure for the job to be completed at that time and I find this to be a significant reason as to why Elvery acted in the manner in which he did.”

Mr Dwyer agreed even though Askin had a safety management plan it was “effectively useless” because it had not been provided to Elvery, who couldn’t then implement it making the process “nothing more than a tick and flick”.

Neither Askin or Elvery have any history of workplace health and safety breaches.

Lawyers for Askin, which has been in business for 60 years, said it was an “oversight” and it was accepted if the company had followed its own processes this event would not have happened, and it was embarrassed SWMS had not been provided. Since the fall, Askin has put new safety process in place.

Snap Freeze was described as a “well established and profitable business” that had been operating since 2018. The court heard Elvery had also taken the incident seriously and had changed how his work processes were done.

“I give no credit for that because he’s merely doing what he should have done prior to this job,” Mr Dwyer said, agreeing Elvery “should have been aware of the hazards and implemented controls to eliminate or minimise that risk”.

Elvery was fined $50,000 while Askin was fined $80,000, each must also pay $1601.40 in costs and convictions were not recorded.