- April 21, 2021
In the overwhelming majority of cases, employers should assume that they cannot require their employees to be vaccinated against COVID-19. While the Australian Government aims to have as many Australians vaccinated as possible, receiving a vaccination is still voluntary.
There are limited circumstances where an exception may apply, and an employer can require employees to be vaccinated. These instances are highly fact dependent, and take into account relevant factors, including:
- Whether a specific law (such as a state or territory public health law) requires employees to be vaccinated
- Whether an enterprise agreement, other registered agreement or employment contract includes a provision requiring vaccinations
- If there is no law, agreement or employment contract that requires vaccination, whether it would be lawful and reasonable for an employer to give their employees a direction to be vaccinated (which is assess on a case by case basis).
- Whether employees have a legitimate reason for not being vaccinated.
For information and resources about dealing with issues that may arise due to COVID-19 vaccinations, visit Resolving workplace issues during coronavirus.
Source: Fair Work Australia