Repeat Safety Breaches Cost Food Manufacturer $180k in Court Fine

Makmur Enterprises Pty Ltd has been fined $180,000 in the Melbourne Magistrates' Court after pleading guilty to failing to provide a safe working environment and failing to ensure machinery was fitted with appropriate interlocking guarding.

The court also ordered the company to pay $5,816 in costs.

The prosecution followed an incident in October 2024 at Makmur's Richmond factory, where a worker was operating a dough-mixing machine and using a metal scraper to move dough from the edge of the bowl towards the agitator.

During the task, the metal scraper struck the rotating agitator blade and the worker's finger was crushed between the scraper and another part of the machine, causing a laceration that required hospital treatment.

A WorkSafe investigation identified that, although a metal grill had been fitted to limit access to the rotating agitator blades, it contained gaps large enough for a person to reach a hand or arm into the danger zone behind the grill.

Makmur admitted it was reasonably practicable to install a combination of fixed and openable guarding connected to an interlock, preventing access to hazardous moving parts while the machine was operating.

The case is the latest in a series of enforcement actions against the company. Makmur has previously been fined a total of $345,000 over five similar incidents involving inadequately guarded machinery dating back to 2014.

WorkSafe Chief Health and Safety Officer Sam Jenkin said the company’s history showed a blatant disregard for worker safety and its obligations under work health and safety laws.

"This is the sixth time Makmur has been prosecuted over inadequate guarding on their machinery, leaving workers with hands and fingers degloved, crushed, lacerated and amputated," Mr Jenkin said.

He noted that comprehensive guidance is readily available to support employers to meet their duties, including information on machinery guarding and access to free, independent safety consultations for manufacturing workplaces.

For duty holders in the food and manufacturing sectors, this case reinforces the need for a robust WHS management system, supported by clear policies, machine-specific Safe Work Method Statements (SWMS), and regular review of guarding, lockout and isolation procedures. Employers should ensure that all plant is risk-assessed, that guarding meets legislative and Australian Standard requirements, and that no worker can access moving parts while equipment is in operation.

Businesses seeking to strengthen their WHS framework can consider implementing formalised management systems and documented procedures, such as those available through specialist providers (for example, WHS management systems and task-specific SWMS templates), to help systematically identify, control and monitor machinery risks.

The outcome serves as a reminder that regulators will take strong action where employers repeatedly fail to control known hazards, particularly where previous incidents have resulted in serious and preventable injuries.