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Workplace Health & Safety Issues

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In the recent decision of Maritime Union of Australia v DP World Brisbane Pty and others [2014] 1523, the Fair Work Commission (FWC) has once again ruled in favour of saliva drug testing as being a more appropriate method of drug testing in the workplace, when compared to other more intrusive methods. The decision centred around a dispute between the Maritime Union of Australia (MUA) and a number of DP World group entities (DP World)…

The Fair Work Commission (FWC) has published its first ‘stop bullying’ order under the new bullying regime. In Applicant v Respondent (AB2014/1052), a number of orders were made by agreement, following a conference. Those orders encompassed the applicant and the alleged perpetrator (respondent) arranging staggered arrival times (requiring the respondent to finish exercise at the employer’s premises before 8am, and that the applicant not arrive before 8.15am) . Otherwise, the orders included that that the…

In November 2013 we wrote about the Fair Work Commission’s (FWC) new anti-bullying jurisdiction which commenced on 1 January 2014 (see Anti-bullying laws – preparing for the great unknown) In December 2013, the FWC predicated that it would receive approximately 3500 bullying claims in 2014, with some commentators expecting a flood of complaints to the FWC. So what has happened so far?In early February, the FWC released a report noting that to that date, the…