WorkSafe on Wednesday charged the Ballarat-based business with two breaches of Section 21 of the Occupational Health and Safety Act relating to the deaths of the two men in a Delacombe trench collapse on March 21 last year.

The charges laid against the company are: 

The charges carry 9000 penalty points each ($161.19 a point), and based on calculations carried out by The Courier, it means the company could be fined almost $3 million if found guilty and given the maximum penalty on both counts.

The first hearing relating to the charges, a filing hearing, is set down for the Ballarat Magistrates Court on February 4.

But the families of Mr Howkins and Mr Brownlee, while both choosing not to comment of the specifics of the charges laid, said the penalties available show why work safety laws needed to be changed.

Lana Cormie, the wife of Mr Howkins, who has campaigned alongside Dave and Janine Brownlee, the parents of Jack, said penalties should reflect society expectations.

“We strongly believe that significant penalties are required to hold companies accountable when they fail to meet their safety obligations,” Dr Cormie said. 

“Without significant penalties we will continue to see bosses failing to take safety seriously and more families will be left as devastated as ours are.”

Dr Cormie said an introduction of stronger laws would go some way to seeing bosses held to account.

“These incidents highlight the long overdue need for serious penalties including the introduction of industrial manslaughter laws in Victoria,” she said.

Janine Brownlee also declined to comment on the specifics of the charges, preferring to wait until a planned briefing with WorkSafe in coming.

However she agreed there needed to be greater deterrents other than fines to bring about safer workplaces.  

“People need to come home. Everyone has a right to come home,” Mrs Brownlee said.

“It’s not about sending bosses to jail, we don’t want people to go to jail, we want safety and more change in the workplace. People need to be more accountable for their actions.”

Mrs Brownlee said she and her husband Dave, Dr Cormie and others would continue the campaign to see industrial manslaughter laws enacted in Victoria.

During the last term of government, Labor promised it would introduce Industrial Manslaughter laws should it win government, with Premier Daniel Andrews personally meeting both families affected by the tragedy.

The issue proved to be one of the major talking points around Ballarat at the November State Election as both families campaigned for the change in the law.

Many voters The Courier spoke to on election day said it had swayed their vote, leading to a landslide Labor victory in Ballarat seats of Wendouree and Buninyong.

A spokesman for Industrial Relations Minister Jill Hennessey said work had already started on workplace manslaughter laws and “the establishment of an implementation taskforce”, included input from affected families.  

“We will work with unions, business and the community to implement these critical reforms as soon as possible, to save lives and keep Victorian workers safe,” he said. 

Pipecon was contacted, but did not comment.

EARLIER: Ballarat construction company Pipecon has been charged by WorkSafe Victoria following the death of two workers in a trench collapse in Delacombe in March last year.

The Civil Construction Company has been charged with two breaches of Section 21 of the occupational Health and Safety Act.

Pipecon has been charged with:

Charlie Howkins, 34 and Jack Brownlee, 21 were killed in the collapse on March 21 last year while laying pipe at the Winterfield Estate housing development when the trench collapsed.

Charlie died immediately at the site, with Jack dying a day later in hospital.

The matter is listed for a filing hearing at the Ballarat Magistrates’ Court on February 4.

WorkSafe would not reveal the maximum penalties for the charges when asked by The Courier.

Pipecon has been contacted this morning for comment.

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