Better Building Holdings faces ACT Industrial Court for sentencing hearing after Thomas Magi's death at Denman Prospect site

Agreed facts tendered to the ACT Industrial Court on Wednesday state that Better Building Holdings engaged Thomas Magi, 60, to provide carpentry work in 2019 during the building of a three-storey residential dwelling in Denman Prospect.

However, he was not inducted into any safe work method statement, including in relation to working at heights.

Four months after being contracted, the company obtained a quote for the hire, transport and installation of scaffolding, but there was no fixed date for installation.

Mr Magi, who regularly provided work to the company, worked on the second level at the site from January without fall protection - such as scaffolding, guard rails or other physical barriers - and was exposed to falls of two to six metres across some areas.

In February 2020 while working on that level, Mr Magi fell 6.4 metres over the unprotected edge, hitting a temporary brace and landing on the concrete ground floor, suffering fatal injuries.

Better Building Holdings in February pleaded guilty to failing to comply with a health and safety duty, in which the failure exposed a person to the risk of death or serious injury.

During a sentencing hearing on Wednesday, Mr Magi's wife, Yidi Zhou, read her victim impact statement, saying she "could not stop crying".

"Our son has difficulty expressing emotions. I worry about the psychological impact on him," Ms Zhou said.

"I also worry about how to explain to him what happened to his father if he asks."

Ms Zhou, who broke down during her reading, said she was a positive and happy person before the incident, but has had difficulty sleeping since it occurred.

She has also lost weight, and said "my hands shake involuntarily".

"I have to rely on Panadol because of the frequent headaches. I was depressed and lost motivation," she said.

Ms Zhou, wearing Mr Magi's wedding ring as a necklace, said the death had also impacted her training to become a nurse, because she got "overwhelmed easily" and had "difficulty focusing on tasks".

A WorkSafe ACT investigation found that level two had no edge protection at all, and while mobile scaffolding was present at the site, it was inadequate to protect workers.

The investigation also found the company's work health and safety management system had a number of flaws, including incomplete safe work method statements for the site in question and at other sites the company worked at.

A blank risk-assessment form was also found in relation to the Denman Prospect job.

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Two months following the death, the company had scaffolding installed around the building's perimeter.

On Wednesday, defence lawyer Tim Sharman read out a letter by the company.

"Mr Magi was not just a subcontractor, he was someone very close to people who worked in the company," the letter reads.

"We lost a friend that day under our watch, and I don't know if I'll be able to move past it."

Mr Sharman said the small company had shown remorse and that "there is a very deep and sincere loss suffered by all concerned".

Prosecutor Sofia Janackovic said the mobile scaffolding showed the company did try, but it was a poor and unsubstantial attempt.

Ms Janackovic said the defendant might have had the best of intentions, but such intentions not put into practice do not ensure workers' safety.

She said Better Building Holdings bore responsibility because it was the principal contractor.

Chief Magistrate Lorraine Walker will sentence the company on Thursday afternoon.

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