ARTICLE · 29 APRIL 2021

COVID-19 vaccinations: The untested battleground between reasonable directions and reasonable refusals

Kingston Reid

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Employers are confused about COVID-19 vaccinations in their workplaces, after the release of recent guidance material.

AustraliaEmployment and HR

Michael Stutley

Steven Amendola

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Employers are deeply concerned – and confused – about COVID-19 vaccinations in their workplaces following the release of guidance material by the Fair Work Ombudsman (FWO) and Safe Work Australia (SWA).

The FWO said that in the current circumstances the "overwhelming majority" of employers should assume they won't be able to require their employees to be vaccinated against COVID-19 from an employment law perspective. But it also said that employers can direct their employees to be vaccinated if the direction is lawful and reasonable.

SWA said that its guidance material will assist employers to assess whether a COVID -19 vaccine is a "reasonably practicable" control measure to manage the risks of COVID-19 in the workplace, but that most employers will not need to make vaccination mandatory to comply with the model WHS laws.

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