Union says the boundary between personal and company time has been made clearer
The Transport Workers Union (TWU) of Queensland and its lawyers say this week’s Fair Work Commission decision against Cement Australia’s planned health and fitness tests will send a strong message to employers across Australia.
“This was an important case that tested what is lawful and reasonable when it comes to directions issued to employees that invade their personal life,” Maurice Blackburn lawyer Rachel Smith says.
“Importantly, this case sets a limit on an employer’s ability to interfere with the personal life and privacy of an employee.”
TWU Queensland secretary Peter Biagini says the case took more than two years to get to this week’s resolution.
“Many of our members work behind the wheel six days per week and up to 14 hours per day and have little to no work life balance or time to see their families,” he says.
“The company’s healthcare plan wanted them to spend their personal time completing irrelevant health check-ups.”
“No one denies that the safety of workers and minimising the risk of injuries at work is important,” Smith adds.
“In this judgement, however, the FWC has ruled that there must be a genuine need for the assessment, and it must be relevant to the requirements of the worker’s job.”