Browsing: WHS decisions (National)


WHS consultation duties explained in COVID vaccine case

A five-member Fair Work Commission bench has detailed activities that do and do not constitute consultation with the meaning of the model WHS laws, in finding BHP failed to properly consult its workers before imposing a COVID-19 vaccination mandate at one of its NSW sites.


"Racial" comments on messy workplace attract low fine

A union has been issued "low mid-range" fines, after two of its officials used foul language and made "racial" remarks about the "third world" over trip hazards at a messy worksite. A court rejected a regulator's bid for a high penalty, which relied on "generic" references to past industrial breaches.


Full Court upholds finding on pre-stoppage safety acts

A full Federal Court has confirmed that the "premature" safety steps a worker took in the lead up to union-organised work stoppages constituted unprotected industrial action.


Judges dismiss claims against COVID vaccine mandates

A commission has rejected a union's bid to block a BHP COVID-19 vaccine mandate pending a ruling on whether the company met its WHS consultation requirements. Meanwhile, the NSW Supreme Court has dismissed claims that vaccine orders for workers defy a United Nations covenant.


FWC rejects long-term absent worker's IME claims

A worker dismissed after being on sick leave for 16 months, after a safety stoush, has unsuccessfully claimed her employer had been obligated to send her for an independent medical examination (IME) to ascertain her capacity.


Safety specialist reasonably advised drug test of worker

A worker claiming he accidentally ate cannabis cookies before failing a workplace drug test has failed to overturn his dismissal. He argued his employer unreasonably subjected him to the test when he wasn't displaying any behaviour or symptoms of intoxication or impairment.


Qantas worker not forced to resign over mask mandate

A flight attendant has lost her claim that a national airline forced her to resign through its "combative" conduct in refusing to medically exempt her from its face-mask mandate for the COVID-19 pandemic.


Irony heaped upon irony in unfair treatment of HSR: FWC

A major employer has been ordered to reinstate a health and safety representative dismissed for swearing at his supervisor over a controversial safety issue, and slammed for its inaction on mental health.

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