‘Guinea pig’ hospitality sector demands Covid-19 policy clarity

Call for the government to clarify the employer rights to enforce mandatory Covid jabs in customer-facing workplaces.

Restaurant and Catering Australia chief executive Wes Lambert.

The restaurant and cafe sector is calling on the Morrison government to clarify the rights of employers to enforce mandatory Covid vaccinations in customer-facing workplaces, accusing the Coalition of turning small businesses into “legal guinea pigs”.

A new survey of Restaurant and Catering Australia members this week found 63 per cent of restaurants, cafe and catering business owners would like the gov­ernment to take more action to spell out the legal capacity to impose compulsory jabs and clarify legal indemnity for employers.

The push reflects growing business frustration at the government’s handling of the issue, with employer groups insisting new federal legislation is required to give certainty to companies looking to enforce compulsory vaccinations in their workplaces.

The government insists vaccination is “free and voluntary”, unless a state or territory public health order is in place. It says employers can seek their own advice about mandating vaccinations for their workforce “if they believe it is the right decision for them”.

Restaurants and Catering Australia chief executive Wes Lambert said: “We feel the government is making legal guinea pigs of small businesses to give the impression they are not necessarily making mandates.

“The federal government is saying they are not going to make it mandatory and national cabinet is saying they are not going to make it mandatory; however, they are making it mandatory in many instances,” he said.

He said the four-tier system set out in the Fair Work Ombudsman’s workplace vaccination gui­dance put hospitality businesses in the tier three category and would “require them to get a legal opinion at a tremendous cost which will likely all be different”.

Mr Lambert said without further clarity, “ultimately, you’ll have thousands to tens of thousands of legal actions occurring around the country at the same time, all with different outcomes and likely no precedent set.”