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ARTICLE · 09 DECEMBER 2021

Mandatory workplace vaccination: Full Bench of the FWC decides test case

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Employers must ensure that they comply with consultation obligations in WHS legislation and industrial instruments.

AustraliaEmployment and HR
Michael Byrnes
Michael Byrnes
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The Full Bench of the Fair Work Commission has handed down its decision in a significant test case dealing with the right of employers to direct employees to be vaccinated against COVID-19.

The case, Construction, Forestry, Maritime, Mining and Energy Union & Mr Matthew Howard v Mt Arthur Coal Pty Ltd T/A Mt Arthur Coal [2021] FWCFB 6059, was an arbitration pursuant to section 739 of the Fair Work Act. That provision allows the Commission to deal with certain industrial disputes, including by arbitration (with the outcome binding on the parties).

The question arbitrated was:

"Whether the direction as set out in attachments 1 and 2 to the application filed by the CFMMEU in proceedings C2021/7023 is a lawful and reasonable direction in respect to employees at the Mt Arthur mine who are covered by the Mt Arthur Coal Enterprise Agreement 2019"

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Michael Byrnes, Partner
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