Are employers required to perform drug testing for medicinal cannabis?

A: Employers may conduct drug testing as part of their workplace safety protocol. However, policies around drug testing should be clear, consistent, and respectful of employees' privacy and legal rights, especially concerning prescribed medicinal use.

How should employers handle medicinal cannabis in their drug and alcohol policy?

A: Employers should update their drug and alcohol policies to specifically address medicinal cannabis. Policies should balance legal obligations, workplace safety, and the rights of employees using medicinal cannabis under medical guidance.

What is misconduct under the Fair Work Act?

There are various types of workplace misconduct. Some misconduct may result in a warning or disciplinary action. Other misconduct (sometimes referred to as Gross Misconduct) may result in employment termination. Under the Fair Work Act, serious misconduct can be when an employee: Behaves in a way that is deliberate and inconsistent with the continuation of their employment contract. It could also cause serious and imminent risk to the health and safety of another person, to the reputation, or profits of their employer's business. Examples of serious misconduct can include: Purposeful damage to company property and vandalism: Fraud and dishonest conduct to profit or gain an advantage Theft of company property Intentional disregard for the safety of themselves and others including the misuse of company equipment or machinery. Consuming drugs and alcohol, either before or during work hours that may impair an employee’s capability to complete their duties. Assault or sexual harassment, verbally or physically abusing staff or customers, stalking or predatory behaviour. If an employee commits serious misconduct, you may have reasonable grounds for termination. To minimise the risk of an unfair dismissal claim, you must follow a fair disciplinary process.

What are some examples of misconduct?

Some examples of misconduct that may lead to firing employees may include: Theft, fraud, or embezzlement: Misappropriating company funds, property or confidential information or falsifying company records. Violence, aggression, or threats: Physically or verbally assaulting colleagues, clients or managers. Sexual harassment: Engaging in unwelcome sexual advances, requests for sexual favours or other offensive conduct of a sexual nature that creates a hostile work environment. Sexual discrimination: Treating someone differently or unfavourably because of their sex, gender identity or sexual orientation in areas like hiring, promotion or pay. Harassment or discrimination: Unwelcome behaviour based on protected characteristics like race, gender, or disability. Breach of company policies: Serious and wilful violations of established policies, like drug or alcohol use at work and safety protocol breaches. Gross negligence: Causing significant harm to the company or others due to reckless disregard for responsibilities. Company property misuse: Personal use of company assets like vehicles, equipment, or technology beyond acceptable limits.

What’s the difference between workplace misconduct and serious misconduct?

This typically involves behaviour that is inappropriate and/or violates company policies but is not severe enough to justify termination of employment. As a small business owner or manager, you can issue a written warning about the unacceptable behaviour. You must be clear about the reason for the warning, establish clear behavioural change expectations, be fair and reasonable, and clearly outline the consequences, including the possibility of employment termination, if unacceptable behaviour continues. Misconduct can include: Breaches of company policies or procedures but not considered severe. Inappropriate language or behaviour towards colleagues. Constant lateness Failure to perform employment duties to the expected standard. Minor breaches of health and safety regulations. Serious misconduct: If an employee engages in serious misconduct, you may have reasonable grounds to dismiss them without notice or pay in lieu of notice after first implementing a disciplinary process. Serious misconduct is the same as gross misconduct and can include: Illegal drug or alcohol use at work. Theft or fraud. Purposeful destruction company property. Sexual harassment/assault. Physical assault and verbal threats of harm to colleagues or managers. If you intend to dismiss an employee for serious misconduct, it’s critical you follow a fair process. You should seek legal advice from an employment law specialist before proceeding with termination.

What is the difference between the Fair Work Ombudsman and the Fair Work Commission?

While they sound similar the Fair Work Ombudsman (FWO) and the Fair Work Commission (FWC) are two separate government organisations with different roles. The Fair Work Ombudsman is responsible for: Investigating workplace complaints. Conducting audits to ensure compliance. Enforcing the Fair Work Act 2009. The Fair Work Commission is responsible for: Setting minimum wage rates. Creating and changing modern awards. Approving enterprise agreements. Resolving disputes including unfair dismissal claims.

What does the Fair Work Act cover?

The Fair Work Act broadly covers workplace relations, and provides for the minimum employment standards and regulates on a range of employment and industrial matters. It also provides for the establishment of the Fair Work Commission and Fair Work Ombudsman, organisations that administer and enforce the Fair Work Act, respectively.

What is the Fair Work Act 2009 and what does it cover?

The Fair Work Act 2009 sets the minimum employment standards in Australia and regulates workplace relations, including wages, conditions, termination, and employee protections. It also establishes the Fair Work Commission and Fair Work Ombudsman, who administer and enforce the Act.

What is the role of Fair Work Ombudsman?

The Fair Work Ombudsman is an agency of the Australian Government that serves to provide advice and information in relation to the federal workplace relations system. The Fair Work Ombudsman promotes and monitors compliance with workplace laws. The office of the FWO can take action against businesses that breach any aspect of the Fair Work Act 2009. The FWO can also assist business owners and employees to resolve issues.

Is the Fair Work Commission a government body?

The Fair Work Commission, along with the Fair Work Ombudsman, is an independent agency of the Federal Government created by the Fair Work Act 2009, whose role includes making and varying awards, approving registered agreements, setting minimum wages, and dealing with a range of disputes

What powers do The Fair Work Commission have?

The Fair Work Commission sets and enforces national employment standards. The Commission is an independent organisation that protects the rights of both employers and employees. The Commission has the powers to investigate workplace complaints concerning a variety of issues. After analysing all the relevant evidence in relation to the Fair Work Act (2009), The Commission will give a case verdict and can issue orders and penalties.

Who is not covered by Fair Work Act?

The Fair Work Act does not cover employers and employees not under the national workplace relations system. In other words, this means: state public sector or local government employment or employers who are non-constitutional corporations in the private sector in Western Australia ie: sole traders partnerships other unincorporated entities non-trading corporations provided they are not covered by a registered agreement under the national system state public sector and local government employment in NSW, Queensland and South Australia that don’t have registered agreements covered by the national system state public sector employment in Tasmania. Local government employees are covered by the national system. The Fair Work Act also does not cover workplace health and safety legislation, nor does it fully provide for anti-discrimination legislation.

What are employer responsibilities under the Fair Work Act 2009?

All Australian employers are required to meet their obligations within the Fair Work Act 2009. The responsibilities include, but are not limited, to: Abiding by the minimum entitlements contained within the National Employment Standards and any applicable modern award. Paying the appropriate wage and entitlements. Keeping appropriate and accurate records (as prescribed within the Fair Work Regulations). Not taking (or proposing to take) action against employees for prohibited reasons. Employers must also respect employees' right to disconnect from work after hours, ensure a safe work environment, including protection against workplace bullying and harassment, and protect against workplace discrimination.

Why was the Fair Work Act 2009 introduced?

The Fair Work Act 2009 was introduced to govern Australia's workplace relations system and legislate for the entitlements available to Australian workers. The legislation aims to provide protections of minimum entitlements, enable flexible work arrangements and fairness at work.

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