The tester didn't follow procedure, and the Commission took note
A 27-year employee was fired over a low-level positive drug test. The Fair Work Commission found the dismissal unfair and ordered reinstatement.
Glenn Brew was an Area Supervisor in Downer EDI Works' Transport and Infrastructure Division. He had no prior disciplinary issues and no complaints about his performance.
On 22 August 2025, Brew hosted a dinner at his home. A guest produced a cannabis cigarette and Brew inhaled from it twice. The next day he bought a self-testing kit from a local chemist and tested himself on 24 August 2025 before driving to Forbes for work. The result was negative.
On 25 August 2025, Brew was drug tested at work. The on-site screening returned a non-negative result for THC. A confirmatory lab test detected THC metabolites at 41 µg/L, above the lab cutoff of 15 µg/L but below the on-site cutoff of 55 µg/L. Brew raised concerns about the testing process, noting the kit had been pre-opened and he was not offered a retest as required under Downer's own procedure.
Expert witnesses on both sides agreed the test detected metabolites, not impairment. Deputy President Slevin found Brew was neither intoxicated nor impaired at work on the day of the test. Notably, the Commission also found that Brew had not breached Cardinal Rule 10, which prohibits consuming or being under the influence of non-approved drugs in the workplace, because he had neither consumed nor been under the influence of THC...
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