[1] The issue of whether the most appropriate method of workplace drug... [2013] FWCFB 3316 | Case summary

[1] The issue of whether the most appropriate method of workplace drug... [2013] FWCFB 3316 | Case summary | Zoe

Judgment (24 paragraphs)

[1]

(#P25_1133) [2012] FWAFB 4998 at footnote 18

[2]

(#P30_2333) See Endeavour Energy v CEPU [2012] FWA 1809 at [41]: "... it [urine testing] also has the disadvantage that it may show a positive result even though it is several days since the person has smoked the substance. This means that a person may be found to have breached the policy even though their actions were taken in their own time and in no way affect their capacity to do their job safely."

[3]

(#P33_3806) (1998) 82 IR 162

[4]

(#P34_4099) At 168

[5]

(#P39_4897) [2008] AIRC 510 at [121]-[122]; affirmed on appeal in [2009] AIRCFB 428.

[6]

(#P46_6391) [2010] NSWIRComm 1068 at [112]

[7]

(#P47_6696) [2011] FWA 8288 at [26]-[29]

[8]

(#P48_7164) [2012] FWA 1809 at [41]

[9]

(#P49_7585) [2012] FWAFB 4998 at [67]

[10]

(#P56_9678) [2013] FWC 2017

[11]

(#P57_9893) At [59]-[77]

[12]

(#P58_9985) At [87]

[13]

(#P61_10859) [1938] HCA 44; (1938) 60 C.L.R. 601 at 622

[14]

(#P66_11345) At [59]

[15]

(#P72_13205) Ex A1, Statement of Raymond Briggs dated 5 February 2013; Ex R3, Statement of Bernard Van Dyk dated 25 February 2013, paragraph 22.

[16]

(#P75_13984) Ex R2, Statement of John Ward dated 26 February 2013, paragraph 7.

[17]

(#P76_14412) Ex R2 paragraph 7 and attachment JW-2.

[18]

(#P77_14724) Ex R2 paragraphs 11, 42

[19]

(#P78_15001) Ex R2 paragraph 6

[20]

(#P83_16064) Endeavour Energy v CEPU [2012] FWA 1809 at [40]

[21]

(#P88_18140) [2011] FWAA 6121

[22]

(#P89_18416) Clause 11.1

[23]

(#P90_18516) Clause 11.2.2

[24]

(#P91_18797) Neal v The Queen [1982] HCA 55; (1982) 149 CLR 305 at 317

Printed by authority of the Commonwealth Government Printer

Parties

Applicant/Plaintiff:

[1] The issue of whether the most appropriate method of workplace drug testing is by the collection and analysis of a urine sample or a saliva sample has proved to be controversial. The controversy exists at two levels. Firstly, there has been a scientific debate as to which method best detects drug use of a nature that may affect workplace health and safety. At the core of this debate are the propositions that urine testing is the more accurate means of determining whether an employee has at some time consumed any one of a range of drugs of abuse, but that saliva testing is better at identifying likely present impairment from drug use (particularly cannabis use) because it only detects very recent use. The Full Bench in Endeavour Energy

Respondent/Defendant:

CEPU

Legislation Cited (2)

Work Act 2009

Relations Act 1996

Cases Cited (2)

(1998) 82 IR 162

(1982) 149 CLR 305

At a glance

Court

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Before

Source

Judgment (24 paragraphs)

Parties

Legislation Cited (2)

Cases Cited (2)