Owners corporations of commercial premises have been put on notice after an owners corporation was fined $225,000 plus costs for failing to fix a faulty gate that killed a worker.

It is the first time an owners corporation of a strata scheme at an industrial complex has been found guilty of this type of offence (for which the maximum penalty is $1.73 million) under the Work Health and Safety Act NSW 2011.

A 64-year-old male worker died on 12 June 2020 after the electric industrial entry gate weighing 260kg fell on him when he tried to manually open it. The 8.5-metre-long gate was damaged on 4 June 2020 after a van ran into it, pushing it off its tracks.

The body corporate gave approval for the gate repairs the day after the 4 June damage and a work order issued, however the court ruling said the repairs were not treated as a matter of urgency.

The judge concluded that, “as the owner of the common property, which included the gate, it had the power as well as the obligation to make the site safe.”

In July 2023, Maluko, the employer of the deceased worker was convicted and fined $375,000 in relation to this incident. Maluko had pleaded guilty to one charge of failing to comply with its duty to ensure, so far as reasonably practicable, the health and safety of its workers.

“While industrial gates are an effective way to protect property at home or on worksites, they have the potential to be extremely dangerous if not properly maintained,” said head of SafeWork NSW Trent Curtin.