Random Drug Tests OK

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Random Drug Tests OK

02/07/2012

Random Drug Tests OK

The Federal Court has rejected a union (CFMEU) bid to prohibit random drug testing. The union objected to the tests last year, arguing they were not prescribed in the Victorian Building Industry Drugs Policy, which formed part of their enterprise agreement.

Following an earlier decision in favour of the union’s position by Fair Work Australia, the principal contractor appealed to the full bench of the Federal Court, who found employers’ had a duty to ensure workers were not adversely affected by drugs while at work and that random drug testing contributed to meeting their duty of care.

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