Visy has been fined almost $50,000 for violating the Fair Work Act.
The Federal Court fined Visy a combined $47,850 for two breaches of the act and also imposed a $4,620 fine on its operations manager, Robin Street. The incident occurred at Visy's Coburg factory in August 2011.
The legal action was brought by the Australian Manufacturing Workers Union on behalf of Visy machine setter Jonathan Zwart, who was also a workers' health and safety representative.
Justice Bernard Murphy accepted Zwart's evidence that he thought there was "an immediate risk to occupational health and safety" when he discovered a forklift's reversing beeper was not working properly.
Justice Murphy also accepted that Zwart "tagged the forklifts as 'not to be used'" and then "opposed the temporary measures proposed to deal with the issue, because he considered them unsafe".
He found that Visy was wrong to subsequently investigate Zwart, suspend him from work and issue him with a written warning.
The judge said operating forklifts near other people was "inherently dangerous" – and that "Visy should have understood this".
[Related: Visy fined almost $40m for Amcor cartel]
"Mr Zwart was exercising a workplace right when he tagged the forklifts because of his concern about the risk they posed to occupational health and safety and when… he resisted proposals to return the forklifts to service without fixing the deficient beepers," he said.
"There can be no doubt that the rights and obligations imposed on health and safety representatives and employees through the OHS Act are serious.
"The right of a health and safety representative to advocate a different view to that of the employer serves an important role in maintaining, so far as practicable, a safe workplace."
However, Justice Murphy said there was no evidence to suggest that Visy does not take occupational health and safety seriously.
Justice Murphy said Visy had informed the court that it was developing a training program that would "address the role of the health and safety representative and their rights, duties and obligations".
"The employees are to be informed that they will not suffer any adverse action as a result of raising a genuine health and safety concern."
Visy informed the court that this message was passed on to employees on 11 September.
Visy declined to comment when contacted by ProPrint.
[Related: More legal news]
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