Barry Fludder death: Fiance wins legal fight over electrocution at Cape Hillsborough property
The fiancee of a grey nomad electrocuted at a rural property has won her fight for worker’s compensation, with a Facebook post playing a key role.
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The fiancee of a man electrocuted at a Cape Hillsborough property where he took up casual work has won her fight for worker’s compensation, successfully arguing he had been a contractor and not a volunteer.
Grey nomads Tracey Ann Foord and her fiance Barry Charles Fludder had responded to a Facebook message calling for a casual worker based onsite at the property.
It was owned by Michele and Dwayne Shea who also ran the Old Station Tea House, just north of Mackay.
Mrs Shea had posted in a group called ‘Working on the Road in Australia’ for “ten hours help a week” involving whipper snipping, weeding and shed organisation to ready the property for sale – in return offering a van site, electricity and water.
A recent court judgment revealed Ms Foord answered the post the same day that “we would love to come and help out for a cpl weeks (sic)” and a deal was struck the couple would stay at the property for two weeks.
They arrived on Friday, May 12, 2023 with Mr Fludder starting the following day spending “the next morning doing yard work”. Ms Foord said she also worked that day in the tea house.
The judgment stated Ms Foord gave evidence “it was agreed between the two couples that Ms Foord would help out Mrs Shea in the tea house, whilst Mr Fludder would perform work on the property under Mr Shea’s direction”.
Emergency crews were called to the Cape Hillsborough Rd address about 1pm but tragically the 50 year old died at the scene – Ms Foord found him hours after he had suffered a fatal shock while working alone.
She applied for workers compensation which was rejected by WorkCover Queensland, a decision upheld by the Worker’s Compensation Regulator – she appealed that decision with the Queensland Industrial Relations Commission arguing her fiance was a “worker” under the legislation’s extended definition.
A QIRC judgment stated Ms Foord said Mr Fludder had a “contract of service” or a “contract for service” and the Regulator had wrongly found he was “not a worker” under the Workers’ Compensation and Rehabilitation Act.
The judgment revealed even though Mr and Mrs Shea were called to give evidence and sworn in as witnesses during the appeal hearing in October 2024, “they declined to answer questions which may expose them to risk of prosecution, claiming privilege against self-incrimination”.
Industrial Commissioner Roslyn McLennan, who presided over the matter, said, “Upon inquiry, I was told that there was an ongoing investigation by WHS into the matter.”
Installation of a new tap
The judgment revealed Mr Shea had installed a new tap after the couple had arrived at the property.
It was argued this did not mean Mr Shea intended to be bound, or had some obligation to Ms Foord and Mr Flubber. The couple had arrived expecting to have access to water while staying on the property “that water was for their benefit … Mr Shea facilitated the installation of the tap to assist them”.
IC McLennan stated in her view the tap had been installed “in fulfilment of Mr and Mrs Shea’s side of the agreement with Mr Fludder and Ms Foord, as expressed in the original Facebook post”.
The tap had been installed by Mr Shea and Mr Fludder the day before the latter died. Ms Foord gave evidence that the same day the tap had been installed her fiance and Mr Shea had also gone to look at a water leak on the property, that had been there for some months.
The morning of his death Mr Fludder had wanted to go exploring but Ms Foord had told him “to go and fix the leaking water pipe instead because they needed to do the work promised in order to discharge their obligation”.
The judgment stated Mr Shea did not provide any direction or instruction to Mr Fludder regarding the repair of the water pipe and that the attempt to repair it was done without the Sheas’ knowledge.
“In my view the reason Mr Fludder went to work on the water pipe was because it was one of the jobs Mr Shea had asked Mr Fludder to do,” IC McLennan said.
Claims any work was ‘in the nature of volunteering’
The question was whether or not Mr Fludder had entered into a contact with the Sheas and ultimately IC McLennan found he did “because the nature of the agreement reached with the Sheas was a contract for the performance of work”.
“Specifically, that work included helping out with whipper snipping, some weeding and helping to organise the shed and generally help clean up the property ready for sale,” IC McLennan said.
IC McLennan also found Mr Fludder was performing work at the time he suffered the fatal injuries.
“In my view, Mr Fludder’s efforts to fix the leaking water pipe are consistent with the work he contracted to perform for Mr and Mrs Shea,” IC McLennan said, adding “fixing a leaking water pipe does fall under the description of ‘general clean up of the property’ getting ready for sale”.
The Regulator argued any task performed by Mr Fludder or Ms Foord “were in the nature of volunteering” in return for space on the Shea’s property, and labelled the situation as “best characterised as an exchange of favours between Mr Fludder and Ms Foord with Mr and Mrs Shea as part of the grey nomad movement”.
IC McLennan rejected this submission finding “the Facebook post constituted an offer of employment”.
“In my view the Facebook post contained the elements of an offer of electricity, water and a place to park up in return for 10 hours help a week.
“The messages exchanged between Mrs Shea and Ms Foord demonstrates exploration of the terms so offered, which I believe was then subject of further conversation between the two couples upon Ms Foord and Mr Fludder’s arrival at the Shea’s property.
“Ultimately, Mr Fludder and Ms Foord did perform work on the Shea’s property, consistent with the terms agreed.
“On the balance of probabilities, I consider they would only have done so to uphold their end of the bargain made with Mr and Mrs Shea.”
IC McLennan ordered the appeal be allowed and Ms Foord’s application for worker’s compensation accepted, and the regulator to pay her costs.
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Originally published as Barry Fludder death: Fiance wins legal fight over electrocution at Cape Hillsborough property
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