EMPLOYMENT – DEVELOPMENTS ON DRUG & ALCOHOL
TESTING
Caltex Australia Limited v Australian Institute of Marine
and Power Engineers; AWU [2009] FWA 424
Following on from the important decision of the Australian
Industrial Relations Commission in Shell Refining v CFMEU
[2008] AIRC 510, Fair Work Australia (FWA) has
approved the introduction of random drug and alcohol testing, but
with crucial limitations. This is FWA's first decision on the
principles governing the use of random testing in the employment
context, and it will be significant for employers, employees and
unions that work in hazardous workplaces.
Caltex Australia (Caltex) and the unions agreed
to have FWA determine whether a policy permitting random testing
for drugs and alcohol (D&A Policy) should be
introduced, as part of its arbitration under section 240(4) of the
Fair Work Act 2009 (Cth) (FW Act) of a new
enterprise agreement. The union objected to the proposed D&A
Policy, stating that the testing
