A business entity formerly known as Hay Australia Victoria has been committed to stand trial over the death of a Bendigo worker at its Bridgewater workplace in February 2021.
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Twenty-nine-year-old Harley Muir suffered fatal injuries when he became trapped in a baling machine he was operating at the factory on February 1.
The company name has since been changed to 623452924HAV Pty Ltd.
It is unclear what legal relationship 623452924HAV Pty Ltd has to Hay Australia, which is a national company with operations in WA, Queensland and South Australia as well as Victoria.
Former Hay Australia Victorian operations manager, Geoff Walker, who still works for the national company, pleaded not guilty on behalf of 623452924HAV Pty Ltd.
Over the course of a two-day committal hearing before Magistrate Trieu Huynh on December 5 and 6, the Bendigo Magistrates' Court heard evidence from several witnesses about the set-up and safety features of the equipment that killed Mr Muir.
On Tuesday, Mr Huynh found there was evidence of sufficient weight to support a conviction on the two charges brought by WorkSafe Victoria under the Occupational Health and Safety Act.
These were failing to provide a plant that was safe and without risks to health; and failing to ensure a presence-sensing safeguarding system was used to eliminate risk in a dangerous area.
Magistrate Huynh ordered Mr Walker to stand trial on behalf of the company.
'Sad tears but happy tears"
Mr Muir's mother, Sue, and sister, Georgia Bateson, embraced and cried outside the courtroom following the committal.
"They're sad tears but happy tears," Ms Bateson said.
The pair also high-fived the prosecution legal team.
The decision had been a long time coming for the pair, who had sat through legal proceedings for nearly three years, holding a photo of Harley and were wearing T-shirts commemorating his life.
Harley had been a loving father of six who had won back custody of his children days before his death.
The pain of his loss was ever-present, they said.
Mr Walker left the courtroom looking grim.
He is due to appear in the County Court on January 29, 2024.
