Raymond Briggs v AWH Pty Ltd

[2013] FWC 2017

Note: An appeal pursuant to s.604 (C2013/4142) was lodged against this decision - refer to Full Bench decision dated 5 June 2013 [[2013] FWCFB 3316] for result of appeal.

[2013] FWC 2017

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Raymond Briggs
v
AWH Pty Ltd
(U2012/10089)

COMMISSIONER WILLIAMS PERTH, 2 MAY 2013

Correction to decision.

A. Pursuant to section 602 of the Fair Work Act 2009, the decision issued by the Fair Work Commission on 9 April 2013 [[2013] FWC 2017, PR535351] is corrected as follows:

1. By deleting the reference to “[54]” where it appears in the fifth sentence of paragraph [73] and replacing it with “[58]”. The correct paragraph [73] should read:

“[73] As the Full Bench in Endeavour Energy v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia; Australian Municipal, Administrative, Clerical and Services Union; Association of Professional Engineers, Scientists and Managers, Australia [[2012] FWAFB 4998] confirmed at paragraph [58] of their decision there is:

“no reason to conclude that testing for drugs whether by urine or oral fluid as part of a drug and alcohol policy, would not be properly considered to be a reasonably practicable measure that will minimise risks to health and safety.” (Underlining added)

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR536217>