An Australian chemical distribution company based In Sydney’s west AUSCHEM (NSW) Pty Ltd (Auschem NSW) has been forced to pay up to almost $100,000 for failing to adequately protect two employees from a worksite explosion and fire. In February 2015 two Auschem NSW employees were decanting all-purpose thinners from a leaking 1000 litre container into […]
Commission Approves Urine Testing in New Drug and Alcohol Policy at Arnott’s
The Fair Work Commission (FWC) has given food manufacturer, Arnott’s Biscuits Ltd (Arnotts) the green light to conduct compulsory urine testing. United Voice, Australian Manufacturing Workers’ Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions) disputed that the use of urine testing was necessary. The […]
Dreamworld Inquest Demonstrates Need for WHS Managers to Maintain Accountability
The ongoing coronial inquest into the deaths caused by Dreamworld’s Thunder River Rapid ride has uncovered critical evidence that workplace safety teams across various industries can learn from. In particular, the inquest illustrates that clear communication of safety protocol and procedure is key. What caused the WHS failure In October 2016, electrical malfunctions caused the […]
Employee’s Morbid Obesity Leads to Valid Termination
The Federal Circuit Court of Australia (‘FCCA’) recently dismissed a security guard’s (‘Mr Findlay’) adverse action claim in which he alleged that MSS Security Pty Ltd (‘the Company’) discriminated against him on the basis of his disability [1]. Background On 1 February 2016, Mr Findlay commenced employment with the Company in the position of a […]
Direction to Attend Medical Assessment: When & How?
In a recent decision of the Federal Court of Australia (‘FCA’) [1] the Full Bench of the FCA held that BHP Coal (‘the Defendant’) was entitled to dismiss a boilermaker (‘the Employee’) who refused to attend a company ordered medical appointment, which was intended to assess his fitness to return to work. In 2011 the […]