oneperth.com.au | Perth news

STAFF REPORTER

A motorcycle rider died this morning after his bike hit a Ford Territory in Mount Pleasant.

Police spokesman Samuel Dinnison said that about 1:00am the man’s yellow Suzuki motorcycle hit the black Ford Territory in the southbound lanes of the Mt Henry Bridge section of the Kwinana Freeway.

The motorcycle rider died at the scene as a result of injuries received in the crash.

The driver of the Ford was not injured.

Anyone who saw the fatal crash should call Crime Stoppers on 1800 333 000.

STAFF REPORTER

The operators of two Perth recycling firms have been fined a total of $108,240 after a court found they had underpaid seven staff almost $10,000.

Yokine man Brendan Raymond Leppard has been penalised $32,340 and Proplas Industries Pty Ltd, of which Leppard is the major shareholder, a further $75,900.

The penalties, imposed by the Federal Magistrates Court in Perth, are the result of litigation initiated by the Fair Work Ombudsman.

Through Proplas Industries and a now-deregistered company he owned, Leppard has operated plastics-recycling businesses trading under the names Peak Recycling and Excel Plastics.

Federal Magistrate Toni Lucev found Leppard was centrally involved in deliberately breaching workplace laws by failing to pay wages to seven workers totaling $9491.

One of the employees was underpaid $5799.

The workers, including three from non-English speaking backgrounds, generally performed labouring work for between two days and several weeks at recycling depots in Perth during 2009 and 2010.

Five of the staff were not paid any wages for the work they performed.

Leppard and Proplas Industries also breached workplace laws by failing to comply with requests from Fair Work inspectors to supply employment records.

Federal Magistrate Lucev said Leppard had previously been fined in 2003 for failing to provide employment records to inspectors.

Magistrate Lucev said there was a need to impose a penalty that deterred Leppard from committing further breaches.

“The necessity for specific deterrence in the case of Mr Leppard, who simply appears to have no appreciation of the nature of his conduct or the requirement to comply with Commonwealth workplace relations laws, is high,” Magistrate Lucev said.

Magistrate Lucev said Leppard and Proplas Industries had still not complied with court orders made in July last year to rectify the underpayments of the workers and supply employment records to the Fair Work Ombudsman.

“Insofar as there is a lack of contrition and corrective action and very little co-operation with the Fair Work Ombudsman, the conduct of Proplas Industries and Mr Leppard is amongst the worst that the court has seen in recent years,” Magistrate Lucev said.

“The failure to produce documents is, possibly, more serious than the failure to pay entitlements, because the failure to produce documents prevents the Fair Work Ombudsman from carrying out an investigation to determine whether or not an employee has been paid entitlements.”

Under workplace laws, employers must keep employment records for employees and former employees and provide them to inspectors upon request.

Magistrate Lucev said Leppard’s business “seemingly continues to operate” and that “the risk of re-offending by Mr Leppard at some stage appears considerable”.

Proplas Industries and Leppard were ordered to pay a total of $3559 in legal costs to the Fair Work Ombudsman.

Fair Work Ombudsman Nicholas Wilson says the court’s judgment illustrates clearly to employers that deliberately underpaying workers is a serious matter that will not be tolerated.

CHRIS THOMSON

One of Western Australia’s highest ranking cycling officials – who faced the prospect of punishment for allegations of harassment – has won his fight not to undergo disciplinary procedures twice.

Russell Miller is president of the state’s oldest cycling club (the Melville Fremantle one) and has officiated at Olympic games, Commonwealth games, and world championships. He helped organise two world cycling championships in 1993 and 1997.

In November 2009, two then commissioners of the WA Cycling Federation, staff members of the WACF and a consultant to the WACF lodged complaints about Mr Miller’s conduct – including allegations of harassment.

The grievances related to the allegedly overbearing way Mr Miller dealt with staff in his role as commissioner and treasurer of the WACF. No suggestion of impropriety was made.

In 2010, the Australian Cycling Federation convened an investigation panel that in February 2011 made adverse findings against Mr Miller and recommendations relating to penalty.

Then, in May 2011, the ACF Board decided to convene a disciplinary tribunal.

Recently, before Supreme Court Justice Kenneth Martin, Mr Miller essentially argued ‘enough was enough’ and that the second disciplinary process was unwarranted.

In a decision published today, Justice Martin found in Mr Miller’s favour.

Justice Martin concluded the ACF should probably pay legal costs, to be determined after further lawyers’ submissions.

However, Mr Miller may not yet be out of the disciplinary woods – with Justice Martin noting the ACF board could still follow another path to possibly expel or suspend the eminent cycling official.

Justice Martin noted that any such decision would be subject to appeal to a general meeting of the ACF.

Photo: Antoine Letarte

STAFF REPORTER

A two-year-old boy lost his battle for life yesterday after being hit by a four-wheel-drive at a pedestrian crossing on February 26.

Police are calling for public help to piece together the circumstances of the now-fatal crash.

Police spokeswoman Susan Usher said that about 4:00pm on February 26, a 57-year-old man was driving his Toyota Hilux on Chapman Road at the intersection of Pitt Street in the southeastern Perth suburb of St James.

Ms Usher said the toddler ran across the road at a pedestrian crossing and the Hilux was unable to stop.

The four-wheel-drive hit the boy who was taken to Princess Margaret Hospital with life threatening injuries.

The boy died yesterday as a result of his injuries.

Anyone with relevant information about the crash should call Crime Stoppers on 1800 333 000.

CHRIS THOMSON

The Point Walter Spit that juts into the Swan from the nouveu riche suburb of Bicton will finally get an official name.

But anyone keen on a change to the status quo will be sadly disappointed, as the name proposed by Melville City Council is ‘Point Walter Spit’.

The state government’s geographic names committee has asked the city to formalise the name after a local resident pointed out the sand bar had never been formally recognised.

The same resident had initially wanted the spit named “Millennium Island” – to reflect the fact that vegetation started establishing itself there around the year 2000.

However, council staff prefer ‘Point Walter Spit’ – the unofficial name used by riversiders for well over a century.

A recommendation that the spit be so named will be debated by the city’s elected officials on March 20.

Sand build-up over the past decade or so has made the ‘island’ at the spit’s centre a permanent feature of the river.

The ‘island’ is now home to 14 plant species – including eight that are native to Western Australia.

STAFF REPORTER

An 11-year-old boy who went missing from his home in the southern suburb of Success last night, sparking a search involving mounted police, was tonight found by police in the Perth CBD.

Alexander Carmichael-Hillan (pictured) had been last seen by his mother when he went to bed about 8.30pm.

Police had believed Alexander left his family home during the night.

He was first noticed missing about 8.30 this morning.

Mounted and other police had searched an area at the end of Gadsen Terrace in Success.

After Alexander was found, a police spokesman thanked the public for its assistance in the search.

STAFF REPORTER

STAFF REPORTER

A woman drove her car into the Canning River near the Mount Henry Bridge in Como last night.

Police spokesman Paul Kosovich said the freak accident occurred around midnight.

Inspector Kosovich said police became concerned for the woman’s welfare, as she was disoriented and started swimming back into the river.

A police aircraft and ground officers co-operated to got the dazed woman back to shore.

Photo: Nachoman, Wikimedia Commons

STAFF REPORTER

Photo: Marcus Obal

CHRIS THOMSON

Garbage giant Transpacific has been fined $170,500 over the 2009 death of a worker at Alcoa’s alumina refinery in Wagerup southeast of Mandurah.

A decision published today by Federal Court judge Michael Barker states that on September 2, 2009, Transpacific broke the Federal work safety law when it failed to identify that open manholes at the refinery constituted a fall hazard.

On that day at the refinery, Transpacific employee Paul Herbert Fry fell through one of the manholes and 21 metres to his instant death.

Justice Barker also ruled Transpacific breached the law when it failed to undertake a risk assessment of the fall hazard and close the manholes.

He heard that since the accident Transpacific and Alcoa have agreed to instal scaffolding across the manholes to prevent a future fatal fall.