Primo Moraitis Fresh Pty Limited

On 9 October 2014, a Packing Operator, employed by a labour hire company, sustained serious injuries when struck by a reversing forklift truck.


Primo Moraitis Fresh Pty Limited contravened section 19(1) and 32 of the Work Health and Safety Act 2011.


Activities Primo Moraitis Fresh Pty Limited will undertake include:

  • Enhancing their Workplace Health and Safety Management System, through achieving 2nd Party certification to AS/NZS 4801:2001 OHSMS
  • Develop a WHS education program to be rolled out to key groups throughout the organisation
  • Develop a culture change strategy to develop and implement “non-negotiable safety rules” for the organisation, based on the critical risk issues that have or will be identified at Primo sites
  • Review the traffic management arrangements that have been developed since the incident and further review and develop the Homebush Bay traffic management plan.
  • Develop a farm safety strategy, where Primo propose to assist its cabbage growers in NSW.
  • Host a stall and present at the AUSVEG National Horticulture Convention around farm safety that will highlight the work health and safety relationship with the NSW cabbage growers.
  • Engage a media agency to create and produce work health and safety awareness material to be transmitted through digital and/or social media to a young non English speaking audience.

This undertaking has a total expenditure of $294,400.


  • the alleged contravention does not appear to be a section 31 reckless conduct category 1 offence, which if it was the case, would preclude the proposed enforceable undertaking from being accepted.
  • the nature of the alleged contravention and the actions taken by you in response to the incident are assessed as being appropriate for consideration of an enforceable undertaking.
  • the strategies proposed in the enforceable undertaking have been assessed as likely to deliver long term, sustainable work health and safety improvements in the workplace, industry and community.
  • the enforceable undertaking addresses the requirements contained within the “Enforceable Undertakings – Guidelines for Proposing a WHS Undertaking”.

Date accepted

16 June 2017


View the full Primo Moraitis Fresh Pty Limited undertaking.

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