NSW Firms and Director Hit With $420k Penalty Over Gate Injury
31 Aug 2026•BlueSafe Team•Source: SafeWork NSW
Two related transport companies and their director have been fined a combined $420,000 in the NSW District Court after a worker was seriously injured by a closing industrial gate, highlighting the critical importance of robust WHS management systems and safe systems of work around moving plant.
Two related companies, SMB Australia Car Transport Pty Ltd and SMB Australia Car Transport Employment Pty Ltd, together with director Andrew Mytkowski, have been convicted and fined a total of $420,000 in the District Court of New South Wales following a SafeWork NSW prosecution.
The case arose from a serious incident on 24 March 2022, when a worker was struck by an industrial gate that travelled past its vertical supports while being closed, causing significant injuries. The incident underscores the need for effective WHS management systems, risk assessments and safe systems of work for all moving plant and fixed machinery.
SMB Australia Car Transport Employment Pty Ltd pleaded guilty to an offence under section 32 of the Work Health and Safety Act 2011 (NSW) for failing to comply with its primary health and safety duty to workers under section 19(1). The company was fined $180,000.
SMB Australia Car Transport Pty Ltd pleaded guilty to a separate offence under section 32 of the Act for failing to comply with its duty under section 21(2), relating to the safety of other persons. This company was also fined $180,000.
Director Andrew Mytkowski, the sole director of both entities at the time of the incident, pleaded guilty to two offences under section 32 for failing to exercise due diligence as an officer, as required by section 27(1) of the Act. He received total fines of $60,000.
The judgment for all three defendants has been published on the NSW Caselaw website. The companies and Mr Mytkowski retain the right to appeal their sentences.
SafeWork NSW has reiterated that risk control measures for moving plant and fixed machinery are well established, and injuries from fixed machinery remain a preventable hazard across industries. Comprehensive WHS management systems, supported by documented policies, procedures and Safe Work Method Statements (SWMS), play a critical role in identifying hazards and controlling risks. Resources to support businesses in developing these systems are available, including WHS management systems and policies and procedures templates from specialist providers such as Bluesafe.
SafeWork NSW encourages workers with concerns about workplace health and safety to report issues anonymously by calling 13 10 50 or via the Speak Up Save Lives website. Business operators and workers can access guidance material on managing risks associated with plant, machinery and equipment on the SafeWork NSW website, and should ensure that their WHS policies, SWMS and training are regularly reviewed and effectively implemented.