Australian employers cannot force staff to get COVID-19 jab

FWO and SWA have issued the new advisory after employers have asked for clarification on whether they can make COVID-19 vaccinations compulsory for their staff. 

Attorney-general and minister for industrial relations Christian Porter said, “As a guiding principle, both the FWO and SWA have stressed that the overwhelming majority of employers should assume they will not be able to require their employees to be vaccinated. 

“As the Prime Minister has said many times, the government expects that the overwhelming majority of Australians will want to be vaccinated to protect themselves and their loved ones, and so they can get on with their lives without disruption.” 

The new advisory was the result of a series of roundtable meetings between employers and unions before Australia started its vaccination on Monday. 

Even though there are presently no regulations or public health orders in the country that allow employers to force vaccinations upon their staff, there are exceptions to the rule. 

These include whether a specific state or territory public health law makes vaccination mandatory, or is otherwise included in an enterprise agreement or employment contract. Requests from employers for their staff to be vaccinated will be assessed on a case-by-case basis, provided they do not breach employee anti-discrimination protection laws, said FWO.  

Although employers cannot make vaccinations mandatory for their staff, businesses are able to refuse to provide services to clients without proof that they have been vaccinated, though in so doing, businesses could face the consequences of similar anti-discrimination regulations. 

READ: Employers in Australia can make COVID-19 vaccination compulsory for staff

About 64% of Australians will “definitely” get the vaccine, 27% are still on the fence and 9% will “definitely not” opt for the vaccine, according to the results of a recent poll commissioned by the Australian Department of Health.  

Whichever the choice an employee makes, SWA has urged employers to implement reasonable control measures against COVID-19, such as adequate social distancing, good personal hygiene, and increased cleaning and maintenance.  

“Your workers should not come to work if they are unwell – even if they are vaccinated,” said SWA, according to AccountantsDaily.