The Case

SafeWork NSW v Maluko Pty Ltd (2023)

Maluko Pty Ltd operates a building and concreting business. Maluko was undertaking works at an industrial complex, where the common property was managed by a strata scheme. At the entrance to the complex, there was an electric gate and a pedestrian gate, which were both part of the common property.

On 4 June 2020, a vehicle collided with the electric gate, causing damage and disconnecting the gate from the motor. The support mechanisms for the gate were also damaged, including the stopper that prevented the gate from coming loose. From 5 to 12 June, makeshift repairs were undertaken and Maluko allowed its workers to manually open the gate each day.