No COVID-19 jab, no job in aged care, says Annastacia Palaszczuk

Annastacia Palaszczuk says the COVID-19 vaccine may have to be mandatory in high-risk industries.

Queensland Premier Annastacia Palaszczuk. Picture: Attila Csaszar

Queensland Premier Annastacia Palaszczuk says the COVID-19 vaccine may have to be mandatory in high-risk industries that cater to vulnerable Australians, such as aged care.

As the nation prepares for the rollout of the vaccine this month, employers, unions, and governments are closely monitoring a landmark Fair Work Commission unfair dismissal case, sparked by an aged care assistant allegedly sacked after refusing the flu jab for medical reasons.

Ms Palaszczuk said some industries might require mandatory vaccinations, depending on health advice.

“For some industries, it may have to be (mandatory),” she said. “I think the federal government will address …. that because they are the most vulnerable.

“If someone had it, and went into an aged care facility, if they had the UK strain, it would go right through.”

Attorney-General Christian Porter has told unions and employer groups the federal government will not mandate immunisation in the workplace, leaving the decision to states and territories.

Victorian Health Minister Martin Foley said the Andrews government had no plans to make coronavirus vaccination compulsory or a condition of employment in vulnerable settings such as aged care or hotel quarantine.

“This vaccination program stops the disease. It stops people dying. I think that’s a pretty good motivation for people to want to get vaccinated,” Mr Foley said earlier this week.

In the Fair Work case, commissioner Jennifer Hunt said the employee’s role and industry would be important in determining whether an employer’s decision to make the vaccine an “inherent requirement” was lawful.

Ms Hunt said it was “not inconceivable” that shopping centre Santas might be required by employers to have COVID-19 and influenza jabs this year. “It may be that a court or tribunal is tasked with determining whether the employer’s direction is lawful and reasonable; however, in the court of public opinion, it may not be an unreasonable requirement,” she said.

“It may, in fact, be an expectation of a large proportion of the community.”

Corrina Dowling, special counsel at Barry Nilsson, a firm specialising in health law, said ­future legislation mandating ­vaccines would need to have anti-discrimination exemptions for people to opt out for medical or religious grounds.

Being a conscientious objector would not be protection from sacking.

“I’d envision any legislation would include a carve-out so employees can be redeployed to a different position to remove that risk, so they’re not exposing vulnerable clients or themselves,” Ms Dowling said. “Employers and employees will be watching this case very carefully.”

Qantas chief executive Alan Joyce has said travellers will not be able to board international flights without proof of vaccinations, and cabin crew are demanding answers.

Flight Attendants Association of Australia secretary Teri O’Toole said members had a right to know if they would have to be vaccinated to keep their jobs.

“Everyone’s asking me ‘do I have to have it?’” she said.

“It may be the case that Australia doesn’t mandate it but you can’t get into America without it.”

Australian Council of Trade Unions assistant secretary Liam O’Brien said unions understood the government would not be mandating vaccinations.

Australian Industry Group chief executive Innes Willox said that while COVID-19 vaccines were unlikely to be mandatory, he added that it was “not a black and white issue”.

The National Retailers Association, which represents retailers and fast food businesses, said vaccination was a matter for employers and workers to “arrange amongst themselves with a degree of goodwill between both parties”.

Additional reporting: Rachel Baxendale