Vaccination status of new employees to be considered by 60pc of corporates: Australian HR Institute survey

Australian corporates are gearing up for a fight over mandatory vaccinations with 60 per cent saying they will consider vax status when hiring.

Sarah McCann-Bartlett, CEO of AHRI

Australian corporates are gearing up for a fight over mandatory vaccinations with six in every 10 signalling that they will consider vaccination status when hiring new employees.

Research by the Australian HR Institute also reveals that almost one third – 27 per cent – of all companies that mandate Covid-19 vaccinations have already sacked unvaccinated staff.

The sample survey of 760 HR professionals suggests companies are prepared to test the legalities of vaccination policies even as many report the issue has caused a culture split among their staff.

The revelation that up to 60 per cent of companies could make vaccination a prerequisite for a job comes as the Fair Work Commission grapples with the legalities of mandating the jab.

While workers who are sacked can take an unfair dismissal case to the commission, arguing the mandate is unreasonable, there is likely no recourse under discrimination law for Australians who miss out on a new job because they are not vaccinated.

AHRI CEO Sarah McCann-Bartlett said on Thursday that vaccination status, unlike, race or gender, was not a protected characteristic under discrimination law.

Companies could not be taken to court “if you make it a requirement of the role for new employees”.

Companies had to treat candidates with a valid medical exemption in the same way as vaccinated candidates and ensure they complied with discrimination law.

“But you can make vaccination a condition of employment and a number of organisations have done so,” Ms McCann-Bartlett said.

Companies that mandate the jab for existing employees had to ensure the directive was reasonable, for example because of a public health order covering a sector and have conducted a risk assessment of either health or safety or potential financial loss from customers demanding vaccinated staff.

Companies must also be able to show a fair consultation process. The commission last week ruled against BHP on the grounds it had not consulted sufficiently before mandating vaccinations.

McCann-Bartlett said the survey showed 85 per employees responded positively to mandates with six per cent negative and the remainder either neutral or their position was unknown.

She said the research highlighted how challenging 2022 would be for many Australian businesses as they deal with a skills shortage and a competitive job market as well as Covid-related issues.

She said 40 per cent of the HR professionals surveyed said that were “unsure or still deciding which actions to take in relation to unvaccinated employees”. But as well as those companies that had sacked people, about 20 per cent of those with mandates had created remote-only roles for unvaccinated staff.

As well as the uncertainty over vaccinations, about one third of respondents reported that they would have to manage an above-average number of staff taking annual leave next year because of the bank-up of leave during Covid lockdowns.

Ms McCann-Bartlett said the culture split in workforces was likely to become more pronounced as more companies roll out their vaccination policies. Creation of remote-only roles would also have a significant impact on an organisation’s culture.

The first company in Australia to mandate vaccinations, the fruit and vegetable manufacturing company, SPC, says all 600 staff in NSW and Victoria were fully vaccinated two weeks ago. One person had been sacked for refusing the jab and another had left on principle,

Robert Tanti, general manager people and culture at SPC, said on Thursday.

Vaccination is a condition of employment and the company is facing no problems as it begins recruiting an extra 300 workers for the harvest season. The company faced no legal issues as it enforced the jab, other than a complaint to WorkSafe Victoria arguing it had not consulted. The case was dismissed.

Mr Tanti said that the process of vaccinating all staff had been “charged” because of the politics around it but the outcome had freed up the company to offer a more normal work environment for employees.

Trinity Grammar School in Sydney has enforced a vaccination mandate.

Belinda Reid, head of human resources, said the school had taken a “very respectful, non-judgmental approach, and kept (discussions with staff) highly confidential”.

“It is not our place to force or guilt people into changing their minds,” she said.

Holding the line on the jab, however, has come with its fair share of “emotional challenges”, according to Ms Reid.

“I’ve had to effectively tell one staff member that their career is over,” she said.