As Australia’s vaccine program ramps up, many employers are asking questions about whether or not they can mandate COVID19 vaccinations as a condition of employment. The answer is, ‘it depends’.
- The Fair Work Commission have provided some helpful industrial advice for employers to consider when forming policy positions on workplace vaccinations. Fair Work recommend that employers consider:
- “whether a specific law (such as a state or territory public health law) requires an employee to be vaccinated (see Legislation and public health orders requiring vaccination against coronavirus)
- whether an enterprise agreement, other registered agreement or employment contract includes a provision about requiring vaccinations
- if no law, agreement or employment contract applies that requires vaccination, whether it would be lawful and reasonable for an employer to give their employees a direction to be vaccinated (which is assessed on a case by case basis).”
Consideration regarding Occupational Health and Safety obligations should also be given. For more information and guidance on COVID-19 and employment law, visit the link below.
https://coronavirus.fairwork.gov.au/coronavirus-and-australian-workplace-laws/covid-19-vaccinations-and-the-workplace/covid-19-vaccinations-workplace-rights-and-obligations
