The 60-year-old electrician died after falling from scaffolding on the third level of the building through an internal stairway void to the concrete floor below in September 2023.
Akgul Trade Pty Ltd faces a single charge under section 26(1) of the Occupational Health and Safety Act for failing to ensure a workplace under its management and control was safe and without risks to health.
The company's director, 42, faces three charges, including one charge under section 26(1) of the OHS Act for failing to ensure a workplace under his management and control was safe and without risks to health, and one charge under section 144(1) of the OHS Act for being an officer of a company that breached section 26(1) of the OHS Act, a contravention that was attributable to his failure to take reasonable care.
WorkSafe alleges both the company and director failed, so far as was reasonably practicable, to reduce the risk of serious injury or death from a fall.
The director also faces one charge under section 24(1) of the OHS Act for failing to ensure persons were not exposed to health and safety risks by the conduct or undertaking of a self-employed person.
It is alleged he breached regulation 118(c) of the OHS Regulations by allowing workers to access the scaffold after becoming aware that it was in an unsafe condition following the fatal incident.
The matters are listed for a filing hearing at Melbourne Magistrates' Court on 25 September 2025.
