The families of two men killed in a trench collapse in Delacombe in 2018 say they feel disappointed and deflated at the sentence handed to the company responsible for breaching workplace safety laws.
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Ballarat civil construction company Pipecon was convicted and fined $550,000 at the County Court on Friday for failing to provide adequate supervision at the high risk worksite.
Charlie Howkins, 34, and Jack Brownlee, 21, were killed when a trench they were working in collapsed on March 21, 2018.
Current sentencing practices need to change. They do not meet public expectation.
- Dr Lana Cormie
Mr Howkins' wife Dr Lana Cormie said the fine handed to Pipecon was 'disappointing'.
"Current sentencing practices need to change. They do not meet public expectation," she said.
"It is a human right to come home at the end of a day's work - a right which was not afforded to Charlie and Jack. Pipecon are guilty of taking away that right.
"We will continue to work with government to improve the system for others."
Dr Cormie said she felt it was important for the public to know the fine goes to the government, not to the families.
Mr Brownlee's father Dave Brownlee said he felt deflated by the sentence.
"$275,000 per death seems a little bit below what you would expect," he said.
"I don't feel there has been enough deterrence sent out to stop these incidents happening in the future."
Dr Cormie, Mr Brownlee and other family members and friends worked with government to push for industrial manslaughter laws that came into effect in July 2020.
Mr Brownlee said he worried every day about more workplace deaths happening.
"You see the likes of the incident that happened in Melbourne the other day. You worry about people not coming home from work," he said.
Mr Brownlee said while the sentence meant the end of one court process, there were still others to come including through the Coroner's Court.
He said he felt let down by the court process that had not sufficiently taken into account the suffering of families after the death of their loved ones.
"The families are not a concern in this. They consult with you and don't take your opinions on board," he said.
"Charges get dropped and they make deals behind closed doors and you just have to go with it. There is no concern for families anywhere in this.
"This has touched all aspects of society - children, siblings, grandparents, husbands, wives - this has taken a whole gamut.
"To be three and a half years to get to this stage is certainly nothing to do with the families.
READ MORE: Families share pain of tragic incident
Mr Brownlee said he would like to thank everyone who supported his family over the past three-and-a-half-years, going back to people dropping food vouchers and groceries when Jack died.
"We have been blown away by the support we received," he said.
"You feel in some ways you have let these people down because of what the judge said.
"No fine changes anything for us, but you thought there might have been a deterrence factor in there for other companies to have to get out and look after people they have killed on their worksites."
Ballarat Regional Trades and Labour Council secretary Brett Edgington said the fine failed in scope and depth to reflect the death of two workers.
"The fact that a conviction has been recorded means when Pipecon go through submissions for government work they will have to tick a box to say they now have a conviction," he said.
"If anything good has come out of the last three years it is that fight to change legislation in Victoria to bring in industrial manslaughter legislation.
"While we never want to see something like this again, if we did, those convictions are under that new legislation.
"We hope it will be a better process for families."
Pipecon managing director Andrew Mahar released a statement in response to the court outcome.
"I can only imagine the grief and pain the loss of these two young men has caused to you, their families, and everyone who knew them," he said.
Mr Mahar said he would never forget that tragic day in March 2018 and reinforced his determination to ensure no such tragedy happened again under Pipecon's watch.
"I am determined to ensure, through further training and supervision, that this never happens again," he said.
"I can only hope you can accept my sincere apologies."
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