The full bench of the Fair Work Commission (FWC) has found that
a decision by mining company BHP to make Covid-19 vaccinations at
the Mt Arthur mine in the Hunter Valley compulsory for workers was
not lawful or reasonable.
About 50 workers at the coal mine were stood down, reportedly
without pay, when they were unable to provide evidence of their
vaccination status.
A 'win'
for the rights of workers
Last week, the FWC ruled that the company direction was not
covered by the mine's enterprise agreement for workers, and
that BHP mishandled the consultation process with workers when it
attempted to introduce the vaccination mandate.
Last year the FWC set down guidelines for employers wanting to
introduce vaccine mandates as a condition of employment. Most
specifically, it recommended that any such directions needed to be
lawful and reasonable.
