[2024] FWC 3482
What happened
Darren Delany, a Health and Safety Representative (HSR), issued two Provisional Improvement Notices (PINs) to Australia Postal Corporation (APC) in February 2024. The PINs related to manual handling practices at the Toronto Post Office and at a customer's site, All Four x 4 Pty Limited, in Kotara. Comcare, the regulator, reviewed and cancelled both PINs. Delany then sought an external review of this decision by the Fair Work Commission. He initially sought to have the PINs reinstated, but later focused the review solely on the PIN concerning manual handling practices at All Four x 4, where APC collects car parts twice daily using vans. All Four x 4 is an automobile spare parts retailer.
What was decided
The Fair Work Commission decided to treat Delany’s application as a 'hearing de novo,' meaning a fresh review of the matter. The Commission considered the statutory framework of the Work Health and Safety Act 2011, the circumstances surrounding the PINs, and the practicality of Delany’s proposed solution (replacing vans with trucks). The Commission noted that it stands in the shoes of the original decision-maker and is not restricted to the facts and law that existed at the time of the original decision. The Commission did not make a final decision on the PIN but outlined the approach it would take in considering the matter afresh.
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