"The key message from the Fair Work Commission's CFMMEU v Mt Arthur decision is the importance of employers consulting with employees before implementing mandatory vaccination requirements for site access,” Innes Willox, Chief Executive of the national employer Association Ai Group said today.

"The FWC Full Bench held that had the BHP Site Access Requirement been the outcome of a meaningful consultation process, BHP would have had a strong case that the site access requirement was a reasonable direction.

"The Full Bench determined that, in all the circumstances and on balance, the Site Access Requirement was not a reasonable direction stating that 'The determinative consideration was that the Full Bench was not satisfied that the Respondent had consulted the Employees as required by ss.47 and 48 of the WHS Act'.

"The decision is not a repudiation of vaccine mandates by businesses," Mr Willox said.

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