A single page zero tolerance drug & alcohol policy, granting Council’s CEO the right to terminate an employee for a single positive drug test, was recently introduced with no union consultation at Shoalhaven City Council.
Largely driven by the recently appointed CEO, Andrew Constance, the policy ignored evidence backed industry best practice and council’s own internal policies with it’s zero tolerance, disciplinary approach. The now scrapped policy saw workers who returned a non-negative result being issued ‘show cause’ notices and being threatened with termination, even in first instances.
Well established research and best practice recognise drug and alcohol issues as health issues which require support, rehabilitation, and proper assessment rather than immediate disciplinary action.
We acted swiftly and decisively by defending individual members facing unjust termination because of this policy while simultaneously running a broader, collective dispute over council’s drug and alcohol policy (or lack of when enforcing zero tolerance), challenging the fairness and legality of the zero-tolerance stance.
Our position has always been clear: workplace safety is paramount, but it must be balanced with fair, evidence-based approaches that treat workers with respect. Punitive responses in the first instance do nothing to address underlying issues and only serve to create fear and insecurity in the workplace.
As a direct result of sustained union pressure and member solidarity, council has now amended their position on the management of drugs and alcohol in the. Importantly, they have committed to working collaboratively with the USU and our members to review their policy framework.
This is a significant win. Council has acknowledged that support and rehabilitation are important, and members will no longer face automatic show cause for termination for a first instance non-negative result. This outcome reflects what we have fought for all along, a fair, compassionate, and evidence-based approach that prioritises both safety and worker wellbeing.
This campaign is a powerful reminder of what we can achieve when we stand together. The USU will continue to work closely with members to ensure the revised policy reflects best practice and protects the rights, safety, and dignity of every worker.
