COVID-19 | Fair Work Commission finds lack of consultation means Mt Arthur Mine vaccine mandate unreasonable

A recent decision of the Full Bench of the Fair Work Commission has found that a failure by BHP to adequately consult with its workforce before requiring workers to have received a COVID-19 vaccination as a condition of entry to the Mt Arthur open cut coal mine (Mt Arthur Mine) was unreasonable. The case, (Construction, […]

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COVID-19 | Insight for employers – rapid antigen tests and collection of vaccination information

The COVID-19 pandemic has required employers to stay across ever emerging issues to ensure compliance with requirements and the implementation of best practice approaches. This update covers two evolving issues: the use of rapid antigen testing, and the collection of vaccination information, specifically, individual healthcare identifiers. What is rapid antigen testing? Rapid antigen testing can […]

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COVID-19 | Mandatory vaccination in Victoria

The Chief Health Officer has issued amendments to the COVID-19 Mandatory Vaccination (Workers) Directions (No. 6) (Workers Directions) and COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No.11) (Specified Facilities Directions) as well as introduced the COVID-19 Mandatory (General Workers) Directions (General Workers Direction) (collectively, Directions) in response to reopening Victoria at the 80% vaccination rate and […]

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COVID-19 | NSW RoadMap to Reopening – Work requirements in phase 2 (80% vaccination rate)

This article has been updated to take into account amendments made to the Public Health (COVID-19 General) Order 2021 (NSW) on 19, 20, 21, and 26 October 2021, and 1 November 2021. The Public Health (COVID-19 General) Order 2021 (NSW) (Order) is part of the roadmap for easing restrictions when 80% of the population of […]

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COVID-19 | NSW RoadMap to Reopening – Work requirements in phase 1 (70% vaccination rate)

The Public Health (COVID-19 General) Order 2021 (NSW) (Order) is part of the roadmap for easing restrictions when 70% of the population of New South Wales who are over 16 years of age are fully vaccinated against COVID-19. The Order was amended on 8 October 2021 to take into account the most recently announced changes […]

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COVID-19 | Mandatory vaccination for Victorian authorised workers

The Acting Chief Health Officer has issued long awaited directions making COVID-19 vaccinations mandatory for authorised workers in Victoria (the Directions). Who do the Directions apply to? The Directions apply to the ’employers’ of ‘workers’ in Victoria who are authorised to leave home for work under the Authorised Worker list. Specifically, it applies to workers […]

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COVID-19 | Mandatory vaccination in the healthcare sector in Victoria

The Acting Chief Health Officer has issued updated directions making mandatory COVID-19 vaccinations a requirement for staff to work in healthcare facilities in Victoria (the Directions). Who do the Directions apply to? The Directions apply to ‘healthcare operators’, being those who own, control or operate a healthcare facility, whether public, private or denominational. A ‘healthcare […]

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COVID-19 | Mandatory vaccination in the education sector in Victoria

Updated as at 8 October 2021 Directions have been made by the Acting Chief Health Officer making mandatory COVID-19 vaccinations a requirement for staff to work in schools (including school boarding premises), childcare and early childhood services in Victoria. Who do the Directions apply to? The Directions apply to ‘education operators’, being those who own, […]

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COVID-19 | Public health orders and mandatory vaccinations in the workplace

In a widely reported decision handed down earlier this week, Jennifer Kimber v Sapphire Coast Community Aged Care [2021] FWCFB 6015, a Full Bench of the Fair Work Commission has taken the opportunity to provide its views on the mandating of flu and COVID-19 vaccinations under public health orders and what requirements must be met […]

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Fair Work Commission gains powers to stop sexual harassment in the workplace

The Fair Work Commission (FWC) has been given power to make stop orders in relation to sexual harassment in the workplace in line with recommendations from the Respect@Work Report (for a summary of those recommendations, see here). The new powers apply in relation to applications made after 10 November 2021, after a request from the […]

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COVID-19 | Navigating the vaccination minefield – what employers need to know

Revised as at 17 September 2021 Following our recent webinar, ‘Navigating the vaccination minefield – what employers need to know’, in this easy-to-download PDF we have put together a list of answers to some of the most commonly asked questions for employers navigating the COVID-19 vaccination minefield. This guide will serve as an essential tool […]

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COVID-19 | Mandatory COVID-19 vaccinations in the workplace – is it lawful?

While there have been many issues which employers have had to face during the COVID-19 pandemic, of late the issue which has received the most media coverage, and which has probably caused the most concern for employers, is the issue of whether an employer can mandate that its employees must receive COVID-19 vaccinations. We have […]

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