The Case

SafeWork NSW v Mercon Group Pty Ltd (2021)

Mercon Group Pty Limited (Mercon) operates a business in demolition and excavation. Growthbuilt Pty Limited (Growthbuilt) engaged Mercon as a subcontractor to undertake demolition work, including removing several concrete slabs to create space for the installation of stairways and elevators.

Mercon provided Growthbuilt with an initial quote, which included the provision of ‘catch decks’ to be used in the course of cutting the concrete slabs to minimise the risks associated with concrete falling during cutting or after it was cut. The quote was not accepted by Growthbuilt. Mercon undertook the work without the catch decks.