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" Don't do drugs because if you do drugs you'll go to prison, and drugs are really expensive in prison.  "

 

John Hardwick



Legal
Case transcripts and legal opinions regarding drug and alcohol issues.
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1   Link   TOLL vs Maritime Union
Toll Holdings vs the NZ Maritime Union in relation to the choice between oral fluids and urine testing.
484
2   Link   Shell Refining vs CFMEU (AIRC decision)
This is an important judgement by the Australian Industrial Relations Commission in relation to urine vs oral fluids testing
1081
3   Link   Hopgood Gamin Opinion
Hopgood Gamins view of the Shell vs CFMEU IR court case.
231
4   Link   Freehill Lawyers Opinion
An opinio by Anthony Wood of Freehill Lawyers in relation to workplace drug testing.
285
5   Link   Pioneer Construction vs Trade Workers Union
Western Australian Industrial Relations Commision Ruling in regard to testing regime, over the counter drug use and choice of medical practitioner to conduct medical assessment.
201
6   Link   AWU, NSW (on behalf of Stojanovski v BlueScope Steel
NSW Industrial Relations Commission ruling in realtion to refusal to submit to testing, unfair dismissal and reinstatement order - subject to conditions.
389
7   Link   Public Service Union ( ob behalf of Sandra Gay) vs Dept of Corrective Services
NSW Industrial Relations Commission Ruling in relation to refusal to take a drug test, unfair dismissal and reinstatement order.
242
8   Link   Australian Workers Union, New South Wales v BHP Steel
NSW Industrial Relations Commission Ruling. Employer obligation to maintain safe and healthy workplace - Union opposition to testing procedure and disciplinary sanctions - 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
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