The South Australian Business Chamber Today — 9 December, 2021
On 7 October 2021 Mt Arthur Coal Mine (member of the BHP group of companies) issued a requirement or direction that all workers at the Mine must be vaccinated against COVID-19 as a condition of site entry. On 3 December 2021 the full bench of the Fair Work Commission found that Mt Arthur’s site entry requirements to be unreasonable because it had failed to properly consult with its employees prior to implementing its policy.
It’s an important lesson for businesses who are considering a vaccination policy in that they must correctly consult and demonstrate that they have done all that they are required to do under the Work Health and Safety Act. Consultation may also include engaging with Health Safety Representatives and the Health and Safety Committee.
The full bench found that had the consultation taken place in a satisfactory manner, then the requirement would have been lawful.
A summary of the decision can be found here.
Need assistance to develop a plan in relation to introducing a COVID-19 Policy for your business contact our Business Advice Hotline on (08) 8300 0000.
