The company was convicted and fined $550,000 in the County Court on Friday for failing to provide appropriate supervision.

Judge Claire Quin said the site supervisor must have been aware, if he turned his mind to it, that a manhole cage or trench shield had not been taken to where Jack Brownlee, 21 and Charlie Howkins, 34, were working.

"The site supervisor ought to have been aware that high risk work was being carried out or about to be carried out without a manhole cage in place," she said.

"Despite this, at no point in the morning did he check how the work was being carried out or check if a manhole cage or trench shield was used before high risk work commenced. "

FAMILIES REACT: 'Disappointing': Pipecon fine deflates suffering families

Judge Quin said adequate supervision was required at the site to ensure safety systems were followed.

"The work was so obviously and inherently dangerous it was important there was meticulous compliance," she said.

Judge Quin said there were factors that led to the inadequate supervision at the work site, including low staffing levels meaning the supervisor was operating machinery, which he would not normally do.

She said Mr Brownlee and other staff were new to the job and inexperienced and the trench site was more than half a kilometre away from where the supervisor was working.

Judge Quin said trench shields and manhole cages were located at the top of the site, some distance away from where Mr Brownlee and Mr Howkins were working.

She said this created an environment where an employee might undertake high risk work without installing appropriate protection.

"Adequate supervision could have prevented employees from not complying with safety regulations," she said.

"The work safety system put in place by Pipecon needed to be strictly adhered to. It failed these two men."

Judge Quin said she viewed the seriousness of Pipecon's safety breach as relatively high, but no sentence she could impose would bring back the two men.

She said a message of general deterrence was important in sentencing.

"Workplace deaths are a preventable and an all too tragic occurrence," she said.

"The sentence must deter others from providing inadequate supervision."

Judge Quin said she took into account the company had no prior convictions, took steps the to improve safety since the incident and its status as a 'good corporate citizen'.

In a hearing last month, Pipecon admitted the worksite was understaffed at the time of the tragedy, with the site supervisor unable to adequately perform his duties.

Manhole cages and trench barriers were not in place when the trench collapsed, instantly killing Mr Howkins.

Mr Brownlee died the next day after multiple surgeries from crush injuries.

In an earlier court hearing, his father Dave Brownlee described the nightmare of finding out his son was trapped in a trench on the worksite and then being blocked from being with him while he was dug out and flown to hospital.

"I have never felt so helpless before in my life," he said.

Jack's mother Janine Brownlee previously said she was angry their family was not notified on the day of the incident.

"Jack was in that trench for five hours with paramedics and emergency services working to get him out but we didn't know our son was suffering," she said.

"My baby's last hours play on my mind every single night. I wish I could have been there to hold his hand.

"Jack was denied that right to have family with him. He would have been so scared.

"We have received no support from the company at all. Their behaviour has been disappointing throughout the whole process.

"The company seems to have more say than the victim's families. The system needs to be changed."

Mr Howkins' wife Dr Lana Cormie said in October she pushes her painful feelings down every day and puts on a mask to survive for her children who were aged 18-months and three at the time of her husband's death.

Dr Cormie expressed her rage at Pipecon director Andrew Mahar who did not call her on the day of the incident until 5pm, after pressure from her mother.

"This failure to notify us, in my opinion, is inexcusable, is insulating and it shows zero respect for Charlie, Jack and our families. There was no care for us there and there hasn't been ever since," she said.

Judge Quin said on Friday she took into account the 'devastating' impacts of the 'tragic' deaths on family and friends.

Also in an earlier hearing, Pipecon company director Andrew Mahar stood up in court and made an apology to the victims' families for the two men's deaths and the pain and suffering they have experienced.

"I can assure you we will stop and prevent this from ever happening in the future," he said.

Pipecon was first established as Andrew Mahar Excavations in 1993 and now employs 46 people.

The company had started work to construct a sewer system at the Winter Valley estate in February 2018.

On March 21, 2018 Mr Brownlee and Mr Howkins were tasked with preparing manhole number eight at the bottom of the site.

The court heard the site supervisor told Mr Howkins to grab a manhole cage from the top of the site when it was needed, but did not see him take a cage with him.

About 10am the supervisor and other staff working at the top of the site and met for smoko break.

The court heard Mr Howkins and Mr Brownlee did not join them, but this was not unusual, so no one checked on them.

A subcontractor arrived at the bottom of the site at 11am and saw manhole eight had collapsed, with both men inside.

Mr Brownlee was inside the trench with only his head and one arm visible saying 'get me out'.

Mr Howkins was not responsive and died at the scene.

Mr Brownlee was dug out from the trench alive ad flown to Alfred hospital with significant crush injuries which led to his death the next day.

Pipecon entered a plea of guilty to one charge in August 2021.

The case was previously set for trial but adjourned due to a COVID-19 lockdown.

Judge Quin said she encouraged the parties to work to resolution due to the uncertainty for trials caused by COVID-19 and the significant impact of the continued delay of the case on all involved.

She said she accepted Pipecon was remorseful and director Mr Maher was 'also traumatised' by the events.

"I take into account a conviction may impact on Pipecon's prosperity and prospective contracts, particularly with government work in the future," she said.

The maximum penalty for the charge of failing to provide adequate supervision is more than $1.4 million.

Judge Quin said if Pipecon had pleaded not guilty, she would have imposed a $700,000 fine.

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