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Bench backs strict drug policy for safety-critical work

Employers in safety-critical industries might be entitled to enforce zero tolerance policies because there is no scientific test for impairment arising from cannabis use, a Fair Work Commission full bench has suggested.

Tribunal praises mining giant's HR management practices

The Fair Work Commission has commended BHP Coal's approach to disciplining a tanker driver whose unintentional overwatering of a road at its Peak Downs Mine caused a rollover that wrote off a $1.2m truck and injured a colleague.

Phone porn part of valid reason, but procedure makes dismissal unfair

A company had a valid reason for sacking its sales manager, including the post-employment discovery of pornographic images on his mobile phone, but "substantial" procedural deficiencies made the dismissal unfair, the Fair Work Commission has ruled.

Employers to enlist ACCC in 2015: Freehills

A major employer-clientele law firm is predicting that unions will become more aggressive in their pursuit of wage and job security claims this year, and that employers will respond in kind by seeking to unilaterally end bargaining negotiations and turning to regulators like the ACCC.


Workers who breached safety rules get jobs back

Two mineworkers sacked for breaching "lifesaving" rules at a mine owned and operated by BHP Coal have been reinstated after the Fair Work Commission found their dismissals disproportionate and inconsistent.

Bungled HR investigation breached contract: Full court

A shipping company breached an officer's contract of employment and failed to follow its discrimination policy when it conducted a flawed investigation into alleged bullying by her captain, a full Federal Court has ruled.

Bench to rule on reach of bullying regime

A high-level FWC full bench will decide what constitutes being "at work" under the Fair Work Act's bullying regime after hearing argument this morning from three DP World workers, the company, the MUA, ACCI and the AiG.

FWC finds irony in football club's tattoo policy

The Fair Work Commission has warned the Dapto Leagues Club it might encounter difficulties enforcing its new policy against employee lip piercings or visible body art, noting the irony of its approach given "a majority of professional footballers" are "covered in tattoos".