Maxwell Parks v WorkPac Pty Ltd,FWC 8Aug2025
A miner’s sacking unravelled after anomalies in testing — from altered results to broken chain-of-custody.
This case shows why accurate devices and strict policy compliance are non-negotiable.
1. Cut-off Mismatch
- What happened:
The employee, Maxwell Parks, used voluntary self-test oral fluid kits provided by Batchfire before work on both January 26 and 27, which returned negative results. These self-test kits aligned with the older standard AS 4760:2006, which sets a THC detection threshold of 25 ng/mL. - In contrast:
The workplace (onsite) tests were conducted according to the AS/NZS 4760:2019 standard, which employs a lower threshold of 15 ng/mL. As a result, Parks’ THC levels—while undetectable by his home-based self-tests—were detected by the stricter onsite standard Alcolizer Technology.
2. Chain-of-Custody Failures
- The Fair Work Commission found significant procedural flaws in how the onsite testing was conducted:
- One test result was altered after it had initially been signed off as negative.
- Another test was conducted using a kit that had already been unsealed prior to Parks’ arrival at the testing site AREEA.
These lapses undermined the integrity and reliability of the test results.
3. Policy Breaches
- Parks was denied a retest, even though the site’s policy allowed for an immediate follow-up test in case of a non-negative result. He disputed this denial, citing procedural errors and his personal circumstances AREEA.
- The investigation failed to adequately consider:
- Parks’ proactive self-testing and negative results.
- His previously clean work record.
- Personal factors (e.g., his use of prescription cannabis for stress and anxiety).
These were critical omissions that the Commission considered when assessing fairness Courier MailAREEA.
4. Dismissal Deemed Harsh (Unfair)
- Although the Commission accepted that WorkPac had a valid reason to dismiss Parks—namely, that he presented for a safety-critical role with THC in his system (confirmed via lab testing)—the dismissal was still found to be harsh and unfair in all the circumstances Courier MailAREEA.
- Commissioner Simpson emphasized that WorkPac failed to take into account crucial factors, including:
- Parks’ proactive self-testing and negative results.
- The flaws in the testing process (chain-of-custody issues).
- His impeccable work history.
- His personal and financial hardship post-dismissal Courier MailAREEA.
As a result, Parks was awarded compensation amounting to $37,222.50, which represented 50% of the calculated six months’ lost wages—reduced to reflect his breach of policy Courier Mail.
Summary Table
| Key Issue | Details |
|---|---|
| Cut-off Mismatch | Self-test threshold: 25 ng/mL (AS 4760:2006) vs. onsite: 15 ng/mL (AS/NZS 4760:2019) |
| Chain-of-Custody Failures | Altered test results and use of unsealed kits |
| Policy Breaches | Retest denied; investigation ignored personal circumstances and procedural flaws |
| Dismissal Deemed Harsh | Valid reason recognized, but dismissal unfair due to procedural failures and personal context |
Lessons for Employers:
- Do not save cost on cheap devices, false economy can cost a lot more like in the above case.
- Follow the policy, if you require to produce a second screen , be clear if it isnegative the process stops.
- Maintain a transparent chain of custody to show the donor that everything was done in front of them and no screening devices are opened in front of the donor.
Advance Diagnostics provides an electronic chain of custody to assist with consistency and standardisation of processes.