A company charged over a man's death at a worksite in Delacombe said it did not know why the man was working near machinery when he was crushed inside it.
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Ace Metal Treatment Services has indicated it would plead guilty to failing to maintain a safe plant and failing to control the risks.
But defence barrister Stephen Russell said there was no reason for the man to be in the area at the time and the company's two other employees did not know why he was working there.
The company made an application for the case to be heard in the Magistrates' Court rather than the County Court on Friday.
The court heard the employee of 20 years, a 50-year-old Afredton man, was found trapped in the machine by another employee after an alarm sounded shortly after 10am on October 29, 2019.
The employee tried to free the man but his chest was crushed by the machine and he was pronounced dead at the scene.
He suffered 13 fractured ribs and a fractured sternum.
The machine was used for electroplating metal and transported items for treatment.
A WorkSafe inspector found the machine was in an unsafe condition with little operation manual or instructions available, the court heard.
WorkSafe alleges the emergency stop was not operational.
The company allegedly did not have a set maintenance schedule for the machine but the WorkSafe inspector said it should have been regular and scheduled.
The WorkSafe prosecutor said Ace Metal Treatment failed to maintain a plant that was safe and without risks to health and failed to control the risks.
In response to Magistrate Letizia Torres' questions, Mr Russell said the machine operated on an automatic process and there was no reason for the employee to be in the area at the time.
He said the machine was not usually operating when work needed to be carried out in that area of the worksite.
WorkSafe alleges the employees did not receive formal training but Mr Russell said the two other employees indicated they were trained appropriately.
Defence and prosecution provided comparable cases for Ms Torres to consider when making her decision on whether the case could be heard in the lower court.
Mr Russell said Ms Torres could be confident the maximum monetary penalty that could be imposed in the magistrates' court was adequate to deal with this case.
Magistrate Letizia Torres said she needed more time to consider the nature and extent of the risks, the likelihood of them eventuating and comparable cases.
The case was adjourned to August.
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Rochelle Kirkham
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
Rochelle covers court and has a particular interest in social issues including homelessness, food security and family violence.
