Australian Workers Union, New South Wales v BHP Steel (AIS) Pty Limited [2003] NSWIRComm 461

Industrial Relations Commission of New South Wales

CITATION : Australian Workers Union, New South Wales v BHP Steel (AIS) Pty Limited [2003] NSWIRComm 461 PARTIES : Australian Workers Union, New South Wales BHP Steel (AIS) Pty Limited FILE NUMBER: IRC 7045 of 2002 CORAM: Walton J Vice-President; Grayson DP; Connor C CATCHWORDS : Industrial dispute - Declaratory relief proceedings - Arbitral proceedings - Alcohol and other drugs management policy - Employer obligation to maintain safe and healthy workplace - Union opposition to testing procedure and disciplinary sanctions - Counterbalancing of various rights and interests - Safety and health in working environment - Fair and reasonable treatment in employment - Discipline in employment - Rights to privacy - Balancing of issues with various statutory and common law requirements - Joint acceptance of need to regulate drug and alcohol as between industrial parties - Desirability of recommendation at this stage - Competing contentions as to minimum detection level for cannabis - Definition of significant incident as precursor to testing - Mandatory disclosure of prescription medication or health condition likely to impair function - Compulsory Testing - Modifications to existing policy - Recommendation LEGISLATION CITED : Industrial Relations Act 1996 Occupational Health and Safety Act 2000 BHP Iron Ore Limited v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia, Western Australian Branch (1998) 82 IR 162 CASES CITED : Larkin v Boral Construction Materials Group Ltd 2003 (WAIRC 07963, 20 March 2003) Pasminco Broken Hill Pty Ltd v Construction, Forestry, Mining and Energy Union (NSW Branch) (1997) 92 IR 179 HEARING DATES: 06/13/2003; 06/20/2003; 06/23/2003; 08/14/2003; 09/12/2003 DATE OF JUDGMENT: 12/18/2003