Enforceable Undertaking for Demolition Environmental Civil Contractors Pty Ltd
2 June 2026
The ACT Work Health and Safety Commissioner has signed and accepted an Enforceable Undertaking (EU) proposed by Demolition Environmental Civil Contractors Pty Ltd (DECC). This is the first EU accepted by WorkSafe ACT since 2020.
The EU relates to an incident in January 2023, where demolition of concrete hobs in a Canberra Centre carpark resulted in three metal façade panels becoming dislodged from the carpark structure. This occurred in the vicinity of workers unrelated to DECC – no injuries resulted from the incident.
Following investigations by WorkSafe ACT, a prosecution was commenced and DECC was charged with an offence under the Work Health and Safety Act 2011 (WHS Act) for failing to comply with its duty to ensure, so far as is reasonably practicable, that the health and safety of any person is not put at risk from the work being undertaken.
In lieu of continuing court proceedings, DECC subsequently proposed an EU. An EU is a formal, written and legally binding commitment made by a business in response to an alleged breach of WHS laws, which may be accepted by the regulator as an alternative to prosecution. An EU must have tangible benefits to workers, industry and the community, reaching beyond what is required under WHS laws.
The EU proposed by DECC includes initiatives valued at over $225,000, comprising:
Strategies that will deliver benefits for workers - $110,000
- a work health and safety digital transformation program, prioritising critical document control
- development of a façade risk induction module to increase awareness of structural hazards
- delivery of a structural risk decision-making workshop
- WHS due diligence training for senior project managers, including subcontractors
Strategies that will deliver industry benefits - $105,000
- funding targeted research into silica exposure during structural demolition
- industry presentation of silica research findings to promote awareness and prevention
Strategies that will deliver community benefits - $20,000
- donations to Foundation House to support psychosocial safety and recovery, targeted to those in construction industry, and
- a contribution to the ACT State Emergency Service Volunteers Association to strengthen emergency response capability to first response incidents
In reaching the decision to accept the EU, Work Health and Safety Commissioner Jacqueline Agius considered the seriousness of the alleged contravention, noting it presented a risk of serious harm but did not result in injury, and was assessed as low to moderate in gravity.
Significant weight was given to the quality and impact of DECC’s proposed measures, which are expected to deliver tangible and measurable improvements to work health and safety across the company, the construction industry and the broader community.
The Commissioner also considered DECC’s cooperation during the investigation, the steps already taken to address and rectify safety issues, and the company’s capacity to deliver on its commitments under the EU.
Importantly, the undertaking goes beyond minimum legal compliance and includes initiatives with broader industry benefits, including improved safety systems, training, valuable research and increased awareness of key risks.
Commissioner Agius says that the proposed EU would have a greater positive impact on the community than pursuing a prosecution.
“I believe that accepting this EU will achieve the objectives of the WHS Act by improving safety outcomes and deliver meaningful benefits to workers, industry and the community.
“An EU isn’t a slap on the wrist; it requires a significant commitment of time, resources and investment, proportionate to the likely outcomes had the matter proceeded to court.”
WorkSafe ACT will monitor compliance against the EU. Strict penalties apply for failure to comply and WorkSafe ACT may also seek to prosecute the original contravention should this occur.
Statement ends.
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