Shell Refining (Australia) Pty Ltd, Clyde Refinery v
CFMEU [2008] AIRC 510
There is a fine line to be drawn when randomly testing
for evidence of drugs and/or alcohol impairing an employees'
fitness for work. An employer is often criticised for entering the
realm of an employee's private life. Urine based testing
methods have been criticised for detecting drugs and alcohol which
may have been ingested by the employee in the previous days (such
as the weekend) which may not impair their work performance. New
oral fluid testing is a more accurate method of testing for
impairment and therefore gauging an employee's fitness for
work.
This dispute arose as a result of concerns that CFMEU had with
certain aspects of the drug and alcohol policy (D&A Policy)
that Shell wished to introduce as its Clyde Refinery and Gore Bay
Terminal. Specifically, the use of urine testing devices in
'random drug and alcohol testing' (RDT) in the D&A
policy. This case concerned a decision
