Two transport companies and their sole director have been convicted and fined a combined $420,000 after a worker sustained serious injuries when struck by an industrial gate that overran its vertical supports while being closed.

SMB Australia Car Transport Pty Ltd, SMB Australia Car Transport Employment Pty Ltd, and director Andrew Mytkowski were sentenced in the District Court of New South Wales following a prosecution by SafeWork NSW.

The incident occurred on 24 March 2022 at the company’s facility. As the gate was being closed, it overran its supports and struck the worker, causing serious injuries.

SMB Australia Car Transport Employment Pty Ltd pleaded guilty to failing to comply with its duty to workers under section 19(1) of the Work Health and Safety Act 2011 and was fined $180,000. SMB Australia Car Transport Pty Ltd pleaded guilty to a separate duty failure under section 21(2) and was also fined $180,000. Director Andrew Mytkowski, who was sole director of both companies at the time of the incident, pleaded guilty to two charges of failing to exercise due diligence as an officer and was fined a total of $60,000.

SafeWork Commissioner Janet Schorer said basic risk controls for industrial gates were well established and their absence was inexcusable.

“Being injured when working with fixed machinery is a preventable hazard we see across our State and across all industries,” Commissioner Schorer said. “Having an awareness and assessment of the risks, along with implementation of safe systems of work, is key to reducing the number of incidents.”

All three defendants retain the right to appeal.