Perth builder CASM Construction and its director have been fined $750,000 and $45,000, respectively, by the Northam Magistrate’s Court. The fines were issued after a worker fell into an unprotected and unfilled concrete swimming pool at a residential construction site.
The company failed to ensure its workers were not exposed to hazards, which resulted in serious harm to a worker.
The director of CASM Construction, Shane Lynn, additionally pleaded guilty to neglect as a director and granted a spent conviction.
The incident occurred on December 14, 2021, in Wootatting, 65km east of Perth. Carpenter Terry Dunn fell from a height of 2.2m, suffering severe injuries including a fractured skull, brain bleeding, broken ribs, a punctured lung, a broken shoulder and ongoing neurological complications, including regular seizures and cognitive impairment.
The Magistrate highlighted risks that could have been mitigated to protect Dunn, including:
An investigation by WorkSafe WA found the company and its director failed in its primary duty of care to ensure the health and safety of their workers.
This includes providing and maintaining:
Whilst Lynn, who is now bankrupt, showed deep remorse, the Magistrate emphasised that the primary duty of care failure changed Dunn’s life forever. CASM Construction is now in liquidation.
If the above concerns your business operations, Business Law WA (a wholly-owned subsidiary of CCIWA) is here to assist.
For more information about this case or legal assistance with WHS investigations, primary duty of care or understanding if you are a PCBU and your duties, please reach out to the Business Law WA team via 08 9365 7746 or businesslawwa@cciwa.com.
CCIWA, Business Law WA and REEFWA has taken all reasonable care in preparing this document. The contents of this document do not constitute legal advice and should not be relied upon as such. Specific advice for your situation should be sought from CCIWA, Business Law WA or a professional adviser before any action is taken. Neither REEFWA, CCIWA nor Business Law WA accept responsibility for any claim that arises from any person acting or refraining from acting on the information contained in this document.
“REEFWA are an exceptional corporate body that provides real time advice, advocacy and detailed information on all industrial relations matters pertaining to our industry. They operate with professionalism and personal service. Beneficially for you, they have a broad range of highly experienced personnel that work in the industry and offer years of knowledge.”
Friday 13 November 2026 | 9:00am – 5:30pm AWST |Aloft Perth, 27 Rowe Avenue, The Springs. RIVERVALE WA 6103
Various Dates Available, Use the link below to find out more
Various Dates and Topics, Click the link below to learn what is coming up.
