oneperth.com.au | Perth news

CHRIS THOMSON

Construction giant John Holland will be forced to compensate a junior worker after a supervisor told him his eyewear would not protect him from a “skull f*ck” with a drill.

The Administrative Appeals Tribunal of Australia on Friday found that trades assistant Rick Vittiglia suffered clinical anxiety and depression due to an exchange with Leading Hand Darren McCamish who was his boss at BHP’s Worsley Alumina Efficiency Growth Project outside Collie.

In a written statement on March 29 last year, Mr Vittiglia, 47, said Mr McCamish appeared aggressive during a discussion earlier that day about protective eyeware.

“Macca said ‘you’d better be careful around here because some c*nt might want to drill your eye out and skull f*ck you,” Mr Vittiglia recalled.

“While he was saying that, he was very close and poking his finger into my [protective glasses].

“… I asked ‘what are you talking about’ and Macca replied, that I’d ‘better be careful around here’ because someone might just want to do that to me.”

‘JOKING’

In a handwritten statement the same day, Mr McCamish claimed he was joking when he said that if he poked Mr Vittiglia’s eye out and “skull f*cked you” the glasses would provide inadequate protection.

A journal entry written next day by John Holland HR Manager Ryan Carrington contended Mr McCamish appeared “to have lost his cool” when telling Mr Vittiglia he would poke one of his eyes out and “skull f*ck him”.

“An apology in this circumstance would be the common sense approach to this situation however [Mr Vittiglia] has not returned to work since the incident occurred,” Mr Carrington noted.

“Darren has expressed a willingness to apologise and admits his behaviour was not appropriate and that he would communicate more appropriately in future.”

VERY ROUGH

In separate evidence, Mr Carrington stated Mr Vittiglia was strong-looking and physically larger than Mr McCamish.

“In my experience in the industry, it is normal for the language that the guys use on site to be very rough,” Mr Carrington stated.

“It is not unusual for people [to] swear on site and conversations are usual[ly] laced with swearing.

“In the present case, I consider that the words spoken by Darren were consistent with the way the guys in the field spoke to each other on occasion.”

Mr Carrington said he would not tolerate bullying and harassment and would “come down hard” on perpetrators.

“I do not consider the exchange from Darren fell into that category,” he stated.

“I consider it would have fallen in to the category of a low level conflict in the workplace.

“In my experience, low level conflict from time to time is a constant when you have 700 blue collar workers working together.”

Nevertheless the tribunal found John Holland liable to pay compensation for aggravation of existing depression and anxiety that Mr Vittiglia had suffered before joining the company.

After the costly exchange of words, Mr McCamish was replaced as Leading Hand at Worsley.

CHRIS THOMSON

EXCLUSIVE: A Katanning hotel where a barmaid flashed her vulva and anus while being photographed by the manager has had its liquor licence suspended.

In a determination handed down today, the WA Liquor Commission viewed CCTV footage of seven incidents at the Katanning Hotel.

The video included an episode on May 20 last year where a skimpy barmaid lay on the bar naked and raised her right leg to expose her vulva and anus to patrons.

Hotel manager Trina Lane was filmed in the background photographing the exposed barmaid.

The barmaid then moved to a pool table and exposed her vulva and anus to male patrons, before a two-minute fight broke out between two of the men.

PHOTOGRAPHED FOREPLAY

Also shown was a scene in July last year where a woman exposed her breasts and a man was filmed sucking them. Ms Lane was again filmed taking photographs.

On August 4, during a mud wrestle, a woman had her top ripped off exposing her breasts to patrons and, through an open window, to the general public.

On the evening of September 1, liquor enforcement officials entered the hotel and observed a female skimpy barmaid who could be seen by the public through the same window.

Ms Lane assumed the role of hotel manager in January 2011. Her predecessor Vincent Healy was convicted of drug possession that month and in May 2011 was jailed for two years.

In July 2011 Ms Lane became sole director of Good Time Investments, the licensee of the hotel.

The Liquor Commission found the lewd incidents to be in breach of an entertainment condition of the hotel’s licence.

The Commission decision suspends Good Time’s licence until Monday to allow the licence to be transferred to another entity.

If this does not occur the licence will be cancelled.

‘LET THEM PARTY’

The decision also bans Ms Lane from holding a position of authority at any licensed premises for five years.

The Commission heard that Good Time ceased trading on December 23 and was expected to go into receivership.

Ms Lane testified that her time as manager had been a financial disaster for her and she had lost everything.

She submitted that the women were friends of hers who had never been paid, and she “felt the need to let them party”.

Ms Lane submitted that fondling that took place was in fact with the women’s partners.

She said the gatherings were private parties and guests did not pay for their drinks.

STAFF REPORTER

A 34-year-old Bunbury man was killed last night when the car in which he was a passenger rolled after swerving to avoid a kangaroo.

Police spokeswoman Ros Weatherall said the fatal crash occurred on Honeymoon Road, near Medway Road, in Harvey.

Ms Weatherall said that about 7.30pm a 45-year-old man was driving a Toyota Landcruiser east along Honeymoon Rd and has swerved to avoid a kangaroo.

The driver lost control of the four-wheel-drive and it rolled twice, coming to rest against a tree.

During the rollover, the 34-year-old man was thrown from the car and killed.

He was one of two passengers.

Ms Weatherall said that Harvey police would investigate the crash.

STAFF REPORTER

Murdoch University has used new DNA sequencing technology to bust a few myths about the animal and plant composition of traditional Chinese medicines – with worrying results.

Research leader Mike Bunce said some of the medicines contained potentially toxic plant ingredients, allergens and even traces of endangered animals.

Dr Bunce said the medicines had a long cultural history but consumers needed to beware before using them.

Fifteen different powders, tablets, capsules, flakes and herbal teas were audited using the DNA preserved in the samples.

“In total we found 68 different plant families in the medicines – they are complex mixtures of species,” Dr Bunce said.

He said that some of the medicines contained plants of the genus Ephedra and Asarum which contained chemicals that could be toxic if the wrong doses were taken.

None of these medicines actually listed concentrations on the packaging.

“We also found traces from trade restricted animals that are classified as vulnerable, endangered, or critically endangered, including the Asiatic black bear and Saiga antelope,” Dr Bunce said.

Dr Bunce said that one product labelled as 100 per cent Saiga antelope contained considerable quantities of goat and sheep DNA.

CHRIS THOMSON

Some staff at the West Australian tabloid will be forced to take a $20,000-a-year pay cut after admissions by management that the monopoly periodical is not travelling too well.

A Fair Work Australia decision published yesterday notes the tabloid has been hit hard by the emergence of online news and advertising, and poor ad sales since 2008.

The monopoly publication admits it continues to trade at greatly reduced volumes compared to 2008.

The much-hyped Saturday paper for which the tabloid saves its least boring stories was regularly 192 pages but now weighs in at just 168 pages.

A weekend real estate lift-out was often 128 pages but now limps across the line at about 70.

The weekend motoring and professional employment section was regularly 96 pages. It is now a puny 40 pages.

Half-year financial results presented to Fair Work Australia commissioner Bruce Williams were 7 per cent lower than the corresponding period a year before.

Tabloid management told Mr Williams that, at the same time, the publication’s staffing costs had continued to rise.

The managers claimed that to cope with their advertising crisis they needed to slash overtime hours available to press room printing and basement staff.

The Australian Manufacturing Workers’ Union opposed the cuts and told Mr Williams it would cost many of the staff about $20,000 a year.

Mr Williams accepted that loss of annual gross earnings would range from zero for some workers to about $20,000 for others.

He concluded the planned changes were not unjust, and endorsed the tabloid’s right to vary rosters and staffing so it could save on overtime.

Compared to the planned blue collar pay cuts, a round of voluntary white collar redundancies in 2009 saw few cuts to the tabloid’s legion of ageing journalists.

Although clocking in at one of the worst-regarded dailies in the nation, reporters at the tabloid are among the best paid in Australia.

STAFF REPORTER

A 37-year-old Karratha man has been charged with murder after a 25-year-old woman was allegedly stabbed to death at the Karratha suburb of Pegs Creek last night.

Police were called at about 10.40pm and found the woman had suffered several stab wounds.

They performed CPR on the woman until an ambulance arrived and she was then taken to Nickol Bay hospital.

Police spokesman Gerry Cassidy said the woman was pronounced dead on arrival.

Sergeant Cassidy said the man would appear in Karratha Magistrates Court on Tuesday.

STAFF REPORTER

A south coast farmer has been fined $20,000 over a 2008 incident in which a female farm hand suffered serious injuries including an amputated arm.

John Bylsma, the operator of Minnikin Farm at Munglinup, pleaded guilty to failing to provide and maintain a safe work environment and was fined in the Perth Magistrates Court last month.

In February 2008, a young woman employed as a farm hand at Minnikin Farm was operating a grain roller mill.

While operating the mill, the woman reached over to adjust a lever.

Part of the jacket she was wearing became entangled in an unguarded belt drive and she was dragged into the machine’s drive unit.

The woman suffered multiple arm and leg injuries and her arm needed to be amputated.

WorkSafe WA Commissioner Lex McCulloch said the case provided a stark reminder of the importance of guarding the moving parts of machinery.

“The court heard that it was practicable for the employer to have ensured that the grain roller mill was operated only when adequate guards were in place …,” Mr McCulloch said.

“This young woman was seriously and permanently injured because her employer failed to provide her with a safe working environment, contrary to his duty of care.”

Munglinup is located along Highway 1 between Ravensthorpe and Esperance.

STAFF REPORTER

Cans of John West Tuna Tempters found to contain dangerous glass fragments are being recalled from supermarkets around the nation.

Food Standards Australia New Zealand advises that the only Tempters affected are sweet seeded mustard flavour with a batch code 4ER12.

However, the trans-Tasman food watchdog says the glass may cause injury if consumed.

The cans had been supplied by Coles, Woolworths, IGA and other independent supermarkets nationally.

Food Standards Australia New Zealand says consumers should return the fish to the place of purchase for a refund.

The recall only applies to the 95-gram tinned product with a ring pull lid.

The contaminated tuna was imported from Thailand.

STAFF REPORTER

APRIL 2 UPDATE: The long-awaited property recovery appears evident with Housing Industry Association data showing new house sales in Western Australia jumped 12.8 per cent in February.

WA’s sales increase on January’s figures was the largest of any state or territory.

The HIA survey of Australia’s 100 largest builders showed a modest increase of 3.0 per cent in seasonally adjusted new home sales across the nation.

Detached house sales across Australia rose 2.2 per cent while multi-unit sales jumped 10.5 per cent.

HIA Chief Economist Harley Dale said any bounce in new home sales in February was “encouraging” after an “awful” start to 2012.

“However, the beginning of a recovery seems evident in Western Australia (but nowhere else) and the prospect of policy reform in New South Wales and Queensland increases the likelihood of a lift in new home sales volumes in these states through 2012/13,” Dr Dale said.

In February 2012 the number of seasonally adjusted new detached house sales leapt 12.8 per cent in WA, 5.3 per cent in New South Wales, 3.5 per cent in Queensland, and 0.3 per cent in South Australia.

Detached house sales dropped 7.4 per cent in Victoria.

In terms of price growth, Perth was the best-performing capital city from a property owner’s perspective over January.

RP Data figures released today showed the WA capital led the pack with a modest monthly growth in the value of all homes sold of 1.4 per cent.

STAFF REPORTER

The state government has abandoned its prosecution of Apache Northwest Pty Ltd and its co-licencees over the 2008 Varanus Island gas pipe explosion after a discontinuance was granted in the magistrates court this morning.

Mines and Petroleum Minister Norman Moore said he was “extremely frustrated” the case could not proceed.

Mr Moore said he was “angry” that Apache was able to avoid facing court over the alleged offence because of what he believed to be legal technicalities.

The government’s case related to the Varanus Island pipeline explosion and the company was charged with ‘failing to maintain a pipeline in good condition and repair’.

The explosion cut WA’s gas supplies by 30 per cent. The prosecution was launched in May 2009.

Mr Moore said the Department of Mines and Petroleum’s decision to discontinue the prosecution was made in response to new information and evidence provided by Apache and its co-licensees during the pre-trial proceedings.

“After extensive consideration and advice from Western Australia’s State Solicitor’s Office as well as the Independent Bar, it was decided that there was no reasonable prospect of success for the state to prove two essential elements of the prosecution,” he explained.

“This included the state being able to negate the statutory defence that the company’s senior executives did not hold ‘the honest and reasonable but mistaken belief’ that the section of the pipeline in question was ‘in good condition and repair’.

“It was also considered that there was no reasonable prospect the state could prove the section of the pipeline which ruptured was licensed under the Petroleum Pipelines Act 1969 due to a technicality in a variation document from 1992.

The variation used the terms “pipeworks”, rather than “pipeline”.

“This follows the company’s continued litigation for about two years that hindered every effort by the state, including the joint state and Federal governments’ effort, to thoroughly investigate this incident and publicly release findings,” Mr Moore said.

He said despite the discontinuance of the state prosecution, he was still unable to release any findings from the Offshore Petroleum Safety Regulation – Varanus Island Incident Investigation Report by Kym Bills and Dave Agostini.

“In July 2009 I was required to give an undertaking to the Supreme Court that I would not publish the report, which includes releasing any findings of the report, until I had afforded Apache Northwest a reasonable opportunity to be heard in relation to any adverse comments in the report,” he said.

“While the state was pursuing the prosecution, I was reluctant to release any findings from the report, as I had a responsibility to ensure the state’s prosecution case was not jeopardised by any further court action from Apache Northwest.

“I will now be providing a copy of the report to Apache and, once I have met my legal obligations, I will be better positioned to share this information once I have received the company’s response.”