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Union Seeks Justice for Joel

28 September 2005

A building company may face prosecution over the death of 16-year-old Joel Exner, who was killed when he fell 12 metres through a safety mesh at a Sydney building site two years ago.

The Construction Forestry Mining Energy Union launched unprecedented legal action this week claiming Exner's death was the result of shortcuts by the site's principle contractor Australand.

Australand escaped charges earlier this year when a coroner found there was not enough evidence to warrant prosecution.

Exner's mother Sue Baxter said her son's death shattered her family, and the fact no one was held responsible added to their distress.

"I am thankful the CFMEU take safety seriously and will be prosecuting Australand so we can finally have justice and those people responsible for Joel's death can be made to pay," Baxter said.

CFMEU NSW secretary Andrew Ferguson said the union was pursuing the prosecution to "send a clear signal to all employers who put workers' lives at risk."

Although Exner's death prompted a change to occupational health and safety laws allowing the gaoling of negligent bosses, the union's prosecution will be brought under previous laws.

It is the first time the CFMEU has brought a case under those laws.



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