Fishing company fined over two deaths

TWO men who died in a shark-fishing tragedy were only working for a feed of fish, a court was told.

Adam Nicolai and Justin Hellyer, both aged 28, died when the 7.5 metre vessel they were aboard foundered and sank in rough weather on September 28, 2008.

The skipper and owner, Andrew Pisani, survived after swimming several kilometres to shore.

The SA Industrial Relations Court on Friday fined B&A Fisheries Pty Ltd and ordered the company to compensate the victim's families after it pleaded guilty to failing to provide plant in a safe condition and safe systems of work.

A SafeWork SA investigation found the two men were working that evening in exchange for a "feed of fish" as payment but they were still employees under law.

No one was wearing a lifejacket, the boat was unstable due to a heavy reel and inboard motor, and an EPIRB rescue beacon that should have been deployed was stowed within the bow.

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SafeWork said in a statement on Friday that Industrial Magistrate Stephen Lieschke recorded a conviction and imposed a nominal fine of $200,000 that would have been slashed 20 per cent for the guilty plea, cooperation, and contrition.

But this was reduced, due to the company's diminished financial standing, to $20,000 plus court costs.

The company must pay the mothers of both victims $5,000 each and pay $10,000 to the partner and young son of one of the men.

B&A Fisheries must also publish at its own expense, notices in The Advertiser newspaper and five prominent regional newspapers outlining to the commercial fishing industry the importance of wearing personal flotation devices and the dangers of unstable craft.

SafeWork SA acting executive director Bryan Russell said in the statement that work at sea had many inherent dangers but these could be managed.

"Lessons from this case should serve as a powerful warning to the industry of the terrible price that complacency at sea can extract," Mr Russell said.

via heraldsun.com.au

~≈~From The World of Fishing News Team~≈~

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