Mandatory workplace jabs a step closer

Compulsory staff vaccinations could be on the cards with the workplace watchdog and top bosses backing the controversial move.

SPC chairman Hussein Rifai has made it compulsory for his staff to get vaccinated. Picture: Dylan Coker

Mandatory vaccination rules for frontline workers in areas hit by Covid-19 outbreaks are likely to be legal, according to new guidance issued by Australia’s workplace watchdog.

Amid calls from businesses and unions to provide clarity about the controversial issue, the Fair Work Ombudsman unveiled a four-tier system on Thursday to explain when and how it would be “lawful and reasonable” for bosses to compel their staff to be vaccinated.

The ombudsman said it was “more likely” to be legal for a mandatory jab rule to be implemented for employees in the first two tiers, covering those working in settings such as hotel quarantine, border control, healthcare and aged care.

For employees in the third tier, including frontline staff in essential services such as supermarkets, the ombudsman suggested employers were “more likely” to be able to compel them to be vaccinated in the event of community transmission of the virus in their area.

Employers would be unlikely to be able to force workers with minimal face-to-face contact to be vaccinated.

Telstra CEO Andy Penn said the company was considering mandatory jabs for frontline workers. Picture: Aaron Francis/The Australian

“Regardless of the tier or tiers which may apply to work performed by employees, the question of whether a direction is reasonable will always be fact dependent and needs to be assessed on a case-by-case basis,” the guidance said.

Scott Morrison has repeatedly said the government would not enforce compulsory vaccination rules. Federal Industrial Relations Minister Michaelia Cash welcomed the new advice, saying it would encourage a collaborative approach among employers and employees.

“It is important that both employers and employees continue to work together to get vaccinated as soon as possible. This will benefit not only our workplaces, but help our nation return to normal as soon as possible,” Senator Cash said.

It came as the head of the first company to mandate the jab doubled down on his move, saying he feared he could go to jail unless he ensured his workplace was `.

SPC chairman Hussein Rifai is requiring all 500 staff members to be fully vaccinated by the end of November.

Mr Rifai said he was protecting his staff and the wider community.

“As a company director I am obliged under Australian law to provide the safest workplace I can for my employees,” he said.

“I could go to jail for industrial manslaughter If I don’t do this.

“The Delta variant poses a significant threat to our people, our customers and the communities we serve – the only path forward for our country is through vaccination.

“As a company we believe it is the right thing to do and we must go further to minimise risk and to protect the people we care about from the Delta variant.”

Telstra is also considering its policy for employees in roles deemed high risk such as retail store staff or field technicians who visit homes.

Chief executive Andy Penn said while he did not support a general mandatory workplace vaccine, there were some roles where it was likely to be appropriate.

“I don’t think you can force people to have a vaccine because obviously people have their own individual health circumstances,” Mr Penn said.

“Having said that, there is no doubt that certain people fulfil certain roles where they come into contact with lots and lots of other people, whether they are people in stores, maybe people like our field team who are out there in the field going into homes. It is very important we think about their safety and the safety of our customers.

“I can certainly see that certain roles should require a vaccine but I think you should also know there is quite a bit of complexity involved in that and you should assume we are considering that very carefully.”

Telstra provide paid leave for staff to get jabbed.