NT CFMEU calls for explanation into withdrawal of industrial manslaughter charge
The CFMEU is calling for a review into the withdrawal of the Territory’s first-ever industrial manslaughter charges against a titan of the construction industry.
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The union is demanding a full explanation over the withdrawal of an industrial manslaughter charge against one of the biggest construction companies in the Territory.
On Monday, prosecutors formally withdrew a charge of industrial manslaughter against Kalidonis NT Pty Ltd in relation to a workplace fatality in Maningrida.
The regular government project contractor became the first-ever company to be hit with the industrial manslaughter charge.
It was alleged that a 50-year-old excavator driver was killed while trying to drag out a 36-tonne broken machine when a chain snapped and recoiled at the Maningrida worksite on March 20, 2020.
The company was initially charged with industrial manslaughter, however Monday all but a charge of failure to comply with their health and safety duties were withdrawn in the Darwin Local Court.
A hearing for the remaining charges has been set for April 24.
CFMEU Queensland Northern Territory assistant secretary Kane Lowth demanded an explanation from the Attorney-General over the decision.
“For the families involved in this tragedy, construction workers and the wider NT community... no explanation has been given as to why this decision was made,” he said.
Attorney-General Chansey Paech did not confirm if a review into the decision would take place, or respond to questions about the industrial manslaughter legislation.
“The Attorney-General is unable to comment on matters currently before the courts,” a spokeswoman for his office said.
Mr Lowth said the NT continued to have the highest rate of workplace deaths in the nation, while the latest Safe Work Australia data found Territorians were three times more likely to be killed at work than the Australian average.
“That’s why we championed the industrial manslaughter laws,” Mr Lowth said.
In the latest annual report, the Work Health and Safety Advisory Council signalled it may be time for a review into the legislation, which has led to only two charges in three years.
But Mr Lowth said it was not a case of bad laws, but a weak regulator.
Mr Lowth said only a strong safety regulator willing to pursue prosecutions would result in a change in the workplace culture.
NT WorkSafe said it was “inappropriate to discuss matters before the courts”.
“Despite the withdrawal of industrial manslaughter charges in the Darwin Local Court (Monday), the prosecution of a Darwin construction company and its director for the death of a worker at Maningrida on 20 March 2020 remains active,” a spokesman said.
“NT WorkSafe has put forward its allegations against the company and its director before the courts, and urges all stakeholders to allow the court process to take its course.”
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Originally published as NT CFMEU calls for explanation into withdrawal of industrial manslaughter charge
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