Fair Work Australia Decision

Endeavour Energy vs Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Australian Municipal, Administrative, Clerical and Services Union; and the Association of Professional Engineers, Scientists and Managers, Australia

This dispute concerns the introduction of alcohol and other drugs policy.

Highlights of the decision include:

  • The appropriate method of drug testing should be through oral fluid. This should be done in accordance with AS 4760-2006
  • The appropriate blood alcohol concentration cut-off for all employees other than those obliged by legislation to have a lower cut-off be 0.5mg/100ml, except for employees determined by the outcome of a risk assessment to be engaged in high risk activities. Those employees should be subject to a BAC cut-off of 0.02mg/100ml.
  • Employees in any particular workplace should not be subject to random testing until six weeks have elapsed since the education program has been rolled out in relation to that particular workplace.

Fair Work Australia, FWA 1809.

Read the complete article: http://www.austlii.edu.au/au/cases/cth/FWA/2012/1809.html

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