The Federal Government provides that vaccinations are to be free and voluntary. However, in some circumstances, businesses are obligated to keep their workplace safe and are responsible for minimizing the exposure and spread of COVID-19. Keep reading this Legal Kitz blog for more information about Australian vaccination rights.
What happens when the Australian Government announces public health orders?
If there is a public health order that requires mandatory vaccinations, there is often a clear direction for employers who are considering implementing a vaccination policy. The policy must be lawful and implemented through a reasonable direction to their employees. However, if the Australian Government announces a public health order, it is likely that only specific and identified industries will be covered by the policy.
It is important to note that if you are an employer or employee that is subject to the mandatory vaccination health order, the Australian Government does not provide employers with new and automatic grounds to dismiss employees who have not been vaccinated. If you are an employer, it is advised that you seek legal advice prior to implementing a vaccination policy in the workplace.
In the absence of public health orders
In the absence of public health orders, employers only have the right to require staff to be vaccinated when there has been lawful direction to do so. This is particularly relevant in high-risk industries, where it is reasonable for employers to argue that vaccinations are essential for the health and safety of employees and others.
Therefore, employees can require mandatory vaccinations when:
- A public health order requires it;
- Mandatory vaccinations are permitted through an enterprise agreement, or through other registered agreements; or
- Employers provide their employees with a lawful and reasonable direction to be vaccinated. This is assessed on a case-by-case basis.
Can an employer issue mandatory vaccinations?
If you are an employer, it is recommended that you provide your employees with a clear policy that outlines an employee’s requirements for immunisations and vaccines. Employers need informed consent and to have processes put in place for employees to raise concerns or exemptions from the policy. This is because some employees may be unable to be vaccinated because of their own personal risks associated with the vaccine or religious beliefs.
Although employees have a legal obligation to comply with the directions of their employer, it is important for employees to be aware of the public health announcements in relation to the COVID-19 vaccine, and whether it is being implemented lawfully in the workplace. In high-risk environments, such as hotel quarantine, aged-care facilities, and other workplace environments in close contact with vulnerable people, it is considered reasonable for a vaccination policy to be implemented.
In other circumstances, such as offices that are not in contact with high-risk or vulnerable individuals, it will be reasonable for employers to consider making similar directions to protect their employees and families, and to minimise the risk to the business in the case the workplace shut down due to infected workers. However, if a vaccination policy is to be implemented, the employer must comply with anti-discrimination laws.
Overall, if you are an employer and are considering implementing a vaccination policy, it is advised that you seek legal advice in order to make sure that the policy is lawful.
Legal advice
If you are concerned about your employment rights as an employee or employer; at Legal Kitz, our employment specialists can assist you with implementing best practice methods to ensure that your business remains compliant with any new or amended employment entitlement legislation and regulations. You can contact Legal Kitz via email at [email protected] or by phone at 1300 988 954.
If you would like to read more Legal Kitz blogs, click here to be directed to our knowledge centre!