HWE Mining v CFMEU Decision

Interpretation of agreement re drug screening.
Dispute - whether employer bound by a drug policy embodying an industrial settlement by which it agreed in relation to random on-site drug screening to move from urine testing to saliva testing when an Australian Standard for saliva testing was published - neither the industrial settlement nor the policy separately enforceable - whether policy incorporated into workplace agreement by reference and therefore enforceable as part of the workplace agreement - whether employer's decision to vary the policy to retain a role for urine testing prevented by an application of the principle in the XPT case.

Fair Work Australia, FWA 8288.

Download case: CFMEU vs HWE decision (PDF).

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