ARTICLE · 22 DECEMBER 2021

Update on mandatory COVID-19 vaccination for staff

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Employers can mandate COVID vaccinations for staff – pursuant to implied term to obey lawful & reasonable directions of employer.

AustraliaEmployment and HR

In a significant decision, the Full Bench of the Full Fair Work Commission has determined that an employer has the power to mandate COVID-19 vaccinations for staff where it is acting pursuant to the implied term of all contacts of employment requiring employees to obey the lawful and reasonable directions of the employer. This applies even when there are no public health orders or terms in an enterprise agreement or employment contracts that would provide the legal basis to mandate COVID vaccination. See further CFMMEU v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059.

Whether a particular direction is reasonable is not to be determined in a vacuum but requires a consideration of all the circumstances including:

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