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W O R K P L AC E R E L AT I O N S
WORKPLACE VACCINATION REQUIREMENTS The purpose of this article is to provide a guide to Members on how to navigate COVID-19 vaccination in the workplace, and to ensure they meet their WHS obligations. It provides members with tools on how to implement such a policy, or determine whether it is the right step for the business.
circumstances where you can reasonably require an employee to be vaccinated in order to continue to attend the workplace:
to comply with a government health order will be an offence, punishable by penalties and potentially, imprisonment.
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where there is a requirement under a State or Territory law or public health order
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where there is a term in an applicable employment contract, enterprise agreement, or other registered agreement that requires an employee to get vaccinated against a particular disease, or
It is important to notify employees of vaccination requirements under any government law or public health order and follow the relevant guidelines. Vaccination exemptions may exist for some employees, such as on medical grounds. If an employee is exempt, obtain evidence of their circumstances and put in place measures to mitigate the risk of infection transmission.
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if no legal requirement exists, where the direction to vaccinate is considered lawful and reasonable.
WORKPLACE VACCINATION OBLIGATIONS Employers have obligations under work health and safety legislation to, as far as reasonably practicable, reduce the risk of injury or illness occurring in the workplace. Therefore, employers must consider what control measures can be implemented to reduce the likelihood of the spread of infectious diseases (eg COVID-19 or influenza) in the workplace. This may include implementing a voluntary immunisation program encouraging employees to get vaccinated. Consideration may also be given to whether it is reasonable and appropriate to implement a policy requiring employees to be vaccinated.
DIRECTING AN EMPLOYEE TO GET VACCINATED Generally, there are three
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Information and rules regarding workplace vaccinations are subject to change with evolving government guidance and Fair Work Commission cases in this area.
LEGAL REQUIREMENT TO BE VACCINATED Where a government imposed health order requires an employee to be vaccinated, it is important that they comply with that order, and that steps are taken to ensure that they are compliant (such as asking the employee to provide proof of vaccination). In most cases, a failure
Where an employee cannot, or does not wish to comply with a government direction in relation to vaccination, there may be consequences for their ongoing employment. Please contact the MTA Team on 08 8291 2000 to discuss your options.
NO LEGAL REQUIREMENT TO BE VACCINATED In the absence of a government health order, you can implement a vaccination policy where it is a lawful and reasonable direction. A direction may be considered lawful if it is not contrary to an employment contract, enterprise agreement, or award, or a Commonwealth, State, or Territory law that applies. Generally, a direction
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