Gerard and Leo Duynhoven run South West Roofing and pleaded guilty in the Warrnambool Magistrates Court to three WorkSafe charges of failing to provide safe systems of work.

They were each fined without conviction $3250 with $1693 costs.

The charges related to two incidents, one an accident which involved a worker falling through a roof in April last year and suffering a broken wrist.

Another charge related to WorkSafe officers making observations while workers were on a roof of a building around the corner from the WorkSafe office about a month later.

Magistrate John Lesser said it was the first time the Duynhovens had been before court, they were long-time employers and active members of the Warrnambool district community.

He said the case was a balancing act as a worker had been injured and off work for six weeks.

The magistrate said while the systems in place were the responsibility of the employers, the activities of workers also had to be taken into account.

Mr Lesser said the charges were at the lower end of the scale and a conviction was not warranted.

He said he understood the brothers had done what they could through their company to put safe practices in place but they had to go a step further in future.

"Things will fall through the cracks occasionally," he said.

Defence counsel Tony Robinson said in relation to the accident that timber batons had been painted, looked safe, but they were rotten and led to the accident.

He said the brothers were extremely well known in the Warrnambool area, intricately involved in the community through the Country Fire Authority and football and employed about 10 people.

“They are not cowboys,” he said, explaining the second job would have only taken 15 minutes and workers decided not to use a harness which was available.