Endeavour Energy v CEPUA & Ors [2012] FWAFB 4998

In Endeavour Energy v CEPUA & Ors [2012] FWAFB 4998 (14 August 2012) the full bench of Fair Work Australia has upheld an earlier decision denying the NSW State Government owned Endeavour Energy the ability to conduct urine tests on its employees as part of new health and safety provisions.

In the earlier decision it was held that the urine tests were unjust because ''a person may be found to have breached the policy even though their actions were taken in their own time and in no way affect their capacity to do their job safely''.

The full bench decision found there had been no error in the original judgment making this decision as the daily papers point out one that has been “warmly received by unions representing other sectors, such as rail workers”.

The debate over the best methods for drug testing is likely to continue as a result of the decision and will be highly contested in a range of industries as unions argue that drug and urine testing unfairly monitors workers' private lives while employers continue to argue the necessity of it for occupational health and safety reasons.

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