The outcome of a recent case at the Fair Work Commission (FWC) has confirmed that employers must consult properly with employees before implementing changes. Opal Packaging Australia Pty Ltd was blocked from making changes to its drug testing regime because it had not properly consulted.
FWC Deputy President Ian Masson said the company’s processes had not included providing employees or their union "with all 'relevant information', which had the knock-on effect of compromising the opportunity of employees to provide their feedback and influence the decision making."
The company had made three changes to its alcohol and other drugs policy in January this year, but the Australian Manufacturing Workers Union (AMWU) contended these changes were voided by the company’s failure to meet its risk management and consultation obligations under the national Work Health and Safety Act. The union referred to the model National Act rather than the Victorian one because it contained consultation provisions equivalent to those in all jurisdictions where Opal operated.
According to the union the new procedures could allow the employer to unfairly target come workers. The company argued that it did consult, even though it was not required to, as these were ‘administrative in nature and involved minor changes to established practices.
DP Masson concluded that although the proposed changes had ‘a sound rationale’, the company’s direction to comply was ‘not reasonable’ due to its consultation failures.
Source: OHS Alert Read more "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v Opal Packaging Australia Pty Ltd T/A Opal Fibre Packaging [2024] FWC 2012 (31 July 2024)