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Federal Court Decision for Drug & Alcohol Testing

Court gives business the go-ahead to drug and alcohol test staff

Reported in Smart Company
Friday, 15 June 2012 11:43
Cara Waters
The Federal Court has upheld an employer’s right to subject workers to mandatory drug and alcohol tests in a judgment welcomed by business groups and criticised by unions.
The full bench of the court yesterday ruled against the Construction, Forestry, Mining and Energy Union, which had fought against the testing on a Victorian roadworks site.
"It seems clear enough that mandatory testing is a surer method of determining who is affected by alcohol and therefore who is at risk (of injuring himself or others) than relying on self-identification or the inclination of one worker to inform on another," Judges Robert Buchanan and Anna Katzmann held.
The CFMEU was appealing against a decision of Fair Work Australia's full bench which found there was nothing in a collective agreement to prevent Wagstaff Piling requiring its employees undergo random drug and alcohol testing.
Read more: http://www.smartcompany.com.au/industrial-relations/050212-court-gives-business-the-go-ahead-to-drug-and-alcohol-test-staff.html

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