Vaccine mandates could hamper roll out, unions and business agree

Following weeks of back and forth on the issue, employers groups and unions have come to an agreement with the government on vaccines in workplaces.

Employers groups and unions are now in lock-step with the government’s position on vaccine mandates following weeks of public back and forth on the issue.

Industrial Relations Minister Michaelia Cash on Wednesday led a roundtable discussion with more than 50 leaders from unions, employer groups and government to discuss the vaccine roll out.

Fair Work Ombudsman Sandra Parker also briefed the group on the regulator’s fresh advice for employers considering making the Covid vaccine mandatory for workers.

It was agreed by all stakeholders and government that to achieve a high vaccination rate, business, unions and the government must work together.

Australian Industry Group chief executive Innes Willox said the meeting “cemented” the view vaccine mandates should be the role of employers, not the government.

“The meeting was told that businesses seeking to mandate vaccinations should obtain legal advice to ensure any such decision was lawful and reasonable,” he said.

“It cemented the view for us that it would be employers who would need to decide if they were on secure legal ground to mandate in the absence of rare Covid vaccination health orders.

“Mandating of vaccinations will not be appropriate in all workplaces, but it will be for some. It will not be surprising if more businesses that are public facing or have workers in proximity announce decisions to mandate vaccinations over the months ahead.”

But Mr Willox noted despite the agreement, employees would still likely push for vaccine mandates “in the interest of their own health and safety.”

“This remains a complex issue for employers who have to balance public safety, workplace safety and reputational risks.”

It will be up to each individual employer to decide if they will implement a vaccine mandate / Nikki Short

It’s understood despite the widespread agreement, stakeholders raised the need for greater clarity on the legal framework for when a business could implement a vaccine mandate.

While supportive of vaccine mandates in appropriate workplaces, business groups and unions are of the view that a nationwide vaccine mandate would hamper efforts.

ACTU Secretary Sally McManus warned a blanket ruling could cause division and conflict within workplaces.

“Last year we saw what can be achieved when everyone works together in the national interest. This is what we should do, and not let vaccines become a source of conflict in our workplaces and community,” she said.

“The only way to beat this virus is with the vaccine, we need to do everything we can to get people vaccinated, and the best way to do that is by working together. Division will cost us time we do not have.”

Fair Work last week set out a four-tier system to determine when an employer mandating the Covid-19 vaccine would be reasonable. It replaced previous advice that employers would not be able to require employees to have the jab.

Fair Work issued new advice on mandatory vaccination last week: NCA Newswire /Gaye Gerard

The regulator’s advice urged “exercise caution if they’re considering making Covid-19 vaccinations mandatory in their workplace and get their own legal advice”.

In a statement following the meeting, Minister Cash stressed Australia would not mandate the vaccination by stealth.

“It was clear from the discussion that participants are united in the goal to have as many Australians as possible vaccinated against Covid-19,” she said.

“The Australian government's position of voluntary vaccination does not detract from individual employers seeking their own advice and mandating for their workforce if they have assessed that it is the right decision for them.”

The issue of vaccine passports was not discussed by the group.

Attendees at the roundtable included the deputy chief medical officer, Professor Michael Kidd; Fair Work Ombudsman Ms Sandra Parker; the Australian Information and Privacy Commissioner, Ms Angelene Falk; and CEO of Safe Work Australia, Michelle Baxter, who answered questions about rights and obligations under employment, privacy and work health and safety laws.