ARTICLE · 16 AUGUST 2022

Fair Work delivers a key decision for a vaccine mandate in a workplace

Clifford Gouldson Lawyers

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When implementing a COVID-19 vaccination policy, follow a proper process for engaging with & consulting workers & other stakeholders.

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A recent decision delivered by the Fair Work Commission has confirmed a South Australian shipbuilding yard can dismiss employees for failing to comply with the company's vaccination requirements.

The Australian Submarine Corporation (ASC) introduced a COVID-19 Policy which required employees and contractors be double vaccinated against COVID-19 before entering the worksite at Osborne, South Australia.

On 3 June 2022, the Commission concluded that the ASC Policy which included mandatory COVID-19 vaccinations for its workers was lawful and reasonable¹.

The Australian Workers' Union (AWU) and Australian Manufacturing Workers' Union (AMWU) took the Australian Submarine Corporation (ASC) to the Fair Work Commission, arguing the mandate was illegal because it was an unlawful and unreasonable request for the submarine workers to be mandatory vaccinated to work.

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