"The ACTU proposal that mandatory COVID-19 vaccinations should be implemented only through the use of nationally consistent Public Health Orders would be impossible to implement and is a simplistic distraction confusing an important discussion of vaccinations in the workplace," Innes Willox, Chief Executive of the national employer association Ai Group said today.
"The welcome clarity provided by the Fair Work Ombudsman (FWO) last week is now fogged behind a proposal that could dangerously set back the pace of the COVID-19 vaccination program. It ignores the large number of existing employer directions to employees to vaccinate (e.g. for influenza) without Public Health Orders.
"Under existing rules, clarified by the FWO last week, a business can direct its workers to vaccinate where it is “lawful and reasonable” in the circumstances. Many workplaces do so now successfully without Public Health Orders.
"For example, public and private hospitals direct nurses and midwives to have flu vaccinations. Also, some child care centres direct staff to vaccinate. In these cases there are no Public Health Orders. Employers issue the vaccination direction to their employees on the basis that they believe it to be lawful and reasonable. A number of recent Fair Work Commission unfair dismissal cases have been determined regarding employees who refused flu vaccinations and, in each case, the employer’s direction to vaccinate was held to be lawful and reasonable in the circumstances.
"Public Health Orders mandating flu vaccinations for staff in residential aged care facilities have been in place for a long time. However, the mandating of flu vaccinations in various other sectors occurs routinely through employer directions or the terms of employment contracts.
"Public Health Orders mandating COVID-19 vaccinations are essential for some sectors but it is impossible to exclude mandating in all other circumstances.
"Take the elderly and disabled who live at home, for example. Many businesses which provide carers to provide in-home care to such vulnerable people, are likely to issue a lawful and reasonable direction to their employees and contract workers to be vaccinated, despite the absence of a relevant Public Health Order.
"Unnecessary distractions like the ACTU proposal will only serve to harm the national COVID-19 vaccination rollout, endanger the community and keep lockdowns and restrictions going far longer than they need to be.Thousands of employers are working constructively with their employees to get as many employees vaccinated as possible but there will be some situations where employers will need to direct their workers to be vaccinated without a Public Health Order just as currently applies with flu vaccinations.
"It is completely inadequate to simply rely on Public Health Orders that are non-existent in nearly all sectors,” Mr Willox said.
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