ARTICLE · 18 AUGUST 2021

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Fair Works latest guidance on workplace vaccination

Coleman Greig Lawyers

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The Fair Work Ombudsman has clarified its most recent guidance on workplace vaccinations specifically against COVID-19.

AustraliaEmployment and HR

Laure Kenworthy

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Case law has been particularly influential of late in broadening Australia's understanding of when employers can and can't mandate a vaccine, and when they can and can't discipline an employee for failure to adhere to a vaccine mandate. Recent cases have considered both COVID-19 and influenza vaccinations. Now, the Fair Work Ombudsman (FWO) has clarified its most recent guidance on workplace vaccinations specifically against COVID-19, publishing this information on the FWO website.

Clarifying "Lawful and Reasonable"

We have confirmed in various past publications that employer directions must be lawful and reasonable to be enforceable. This remains the case, with the FWO further highlighting the need for this what is 'lawful and reasonable' to be assessed on a case-by-case basis when employers are considering mandating the COVID-19 vaccine.

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