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Enforceable undertakings

 

What is an enforceable undertaking?

An enforceable undertaking is a legally binding agreement entered into by a person or organisation as an alternative to having the matter decided through legal proceedings for a contravention of the Act.

An enforceable undertaking provides an opportunity for significant work health and safety reform to be undertaken.

Typically, the activities associated with an undertaking are substantial and must aim to deliver tangible benefits to the workplace, industry or the broader community.

The availability of an enforceable undertaking in connection with a contravention will involve consideration of a number of factors, including:

  • the nature and extent of the contravention
  • the quality of the remedial action proposed and the extent to which it achieves measurable
  • improvements in workplace safety
  • the likelihood that the enforceable undertaking will deliver real benefits to the workplace,
  • industry or community beyond that which would normally be expected of a duty holder.

An enforceable undertaking will generally not be accepted where the offence relates to reckless conduct or where an infringement notice has been issued for the contravention.

Further information

Enforceable undertakings - At a glance

Enforceable undertakings - Overview

Enforceable undertakings - Guidelines for proposing a WHS undertaking

Enforceable undertakings - Information for injured persons

Enforceable undertakings - Information for auditors

Companies with an enforceable undertaking

Wednesday, 11 April 2018

Leed Engineering and Construction Pty Ltd

Leed Engineering and Construction is an Adelaide based civil engineering and construction company delivering water and other civil infrastructure projects.

Leed Engineering and Construction Pty Ltd


Thursday, 22 March 2018

Callan MacGillivray Pty Ltd and Jarred MacGillivray Pty Ltd

Callan MacGillivray Pty Ltd provides carpentry services to clients throughout South Australia.

Callan MacGillivray Pty Ltd

Jarred MacGillivray Pty Ltd

MacGillivray reasons for decision


Thursday, 2 November 2017

Macmahon Contractors Pty Ltd

Macmahon provides mining and construction services to clients throughout Australia.

Mcmahon Contractors Pty Ltd


Wednesday, 18 October 2017

Scout Association of Australia (South Australia Branch) Inc.

The Scout Association was brought to Australia from the United Kingdom in the early 20th Century with the South Australian branch established in 1940.

Scout Association of Australia (South Australia Branch)


Monday, 24 April 2017

Morgan Sawmill

Morgan Sawmill processes timber to produce various products.

Morgan Sawmill

Morgan Sawmill - variation


Tuesday, 7 February 2017

SRG Building (Southern) Pty Ltd

SRG provides construction services to the building industry.

SRG Building Pty Ltd

SRG Building Pty Ltd - impact statement

SRG Building Pty Ltd - notice of variation


Friday, 5 August 2016

Coles

Coles is a supermarket operating 776 stores nationally.

Coles Supermarkets

Coles Supermarkets - incident summary


Wednesday, 15 June 2016

Ensign Australia

Ensign Australia is an established supplier of drilling services to the oil and gas industry.

Ensign Australia


Thursday, 21 April 2016

Structurally Sound Engineering

Structurally Sound Engineering specialises in fabrication and installation of structural steel for residential and commercial buildings.

Structurally Sound Engineering


Thursday, 19 November 2015

Heavymech Pty Ltd

Heavymech is an engineering company, providing fitting and machining service to industry.

Heavymech Pty Ltd

Heavymech Pty Ltd - attachment A

Heavymech Pty Ltd - attachment B

Heavymech Pty Ltd - attachment C


Thursday, 19 November 2015

Metecno Pty Ltd

Metecno manufactures insulated roof and wall panels and lightweight decorative architectural facade panels.

Metecno Pty Ltd


Thursday, 21 May 2015

Adelaide Resource Recovery

Adelaide Resource Recovery recycles construction and demolition waste into resources.

Adelaide Resources Recovery

Adelaide Resources Recovery - incident summary