Employers have duties under workplace health and safety
(WHS) legislation to ensure, so far as reasonably
practicable, the health and safety of their workers. Employers are
also entitled to take steps to protect their business
operations.
For these reasons, in a variety of circumstances, it will be
lawful and reasonable for employers to require part or all of their
workforce to be vaccinated against COVID-19.
Employees must comply with an employer's direction to be
vaccinated against COVID-19 if it is lawful and reasonable. This is
because of the employee's duty under WHS legislation to comply
with an employer's directions about safety matters and their
WHS duties to take reasonable care for their own safety and
others' safety in the workplace. It is also because employees
have a duty under their contract of employment (written or
unwritten) to comply with their employer's lawful and
reasonable directions.