ENFORCEABLE UNDERTAKING AFTER KEW RECREATION CENTRE ROOF COLLAPSE

The ADCO Group has entered into an Enforceable Undertaking to the value of approximately $850,000 following the collapse of a steel roof structure during the re-development of the Kew Recreational Centre. At the time of the collapse the workplace was unoccupied and no persons were injured.

Following their investigation of the roof collapse WorkSafe initially issued one charge against ADCO under s.26 of the OHS Act alleging that at the time of the incident ADCO Group had the management or control of the workplace and failed to ensure, so far as reasonably practicable, that the workplace and the means of entering and leaving it were safe and without risks to health. The prosecution was discontinued following WorkSafe’s acceptance of the Enforceable Undertaking proposed by ADCO Group, which three undertakings to be accomplished over a two-year period.

Within the context of the incident circumstances and the Australian Steel Institute’s findings of an increase in the supply of non-compliant, unsuitable and often faulty steel building products for building, infrastructure and resource projects, ADCO identified a lack of awareness amongst steel suppliers, installers and industry participants of the National Structural Steelwork Compliance Scheme. Their proposed Enforceable Undertaking is built around this knowledge gap:

  • Development of a Standard in relation to structural steel fabrication and erection awareness comprising of general awareness components; welding quality assurance awareness; bolted connection and surface finishes; transportation; and erection.
  • Development of a training package to inform construction management personnel of key elements of the Standard, and includes the management of structural steel procurement, fabrication and erection; steel quality assurance, including welding, and related worker health and safety; and public health and safety. The Training Package is to be launched at a 1.5 hour industry breakfast symposium that will also present on the lessons learned from the Incident and the content of the Standard.
  • A charitable donation to the Victorian Local Learning and Employment Networks group to assist to improve education, training, and employment pathways for young people through structured workplace learning, placements, and work experience.

Often, we see Enforceable Undertaking that appear to have goals with little direct association to the offence, but in this case it appears that ADCO have come up with a practical, solution focused remedy that will resolve an issue (poor quality steel used in construction) that has been increasingly concerning the industry and clients alike.

Read more: ADCO Group - Enforceable Undertaking 26-02-2026

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