On Monday 9th August the show covered the published statement from Fair Work. It’s already changed.
“Can you require an employee to be vaccinated?” says in the recent circumstances, the overwhelming majority of employers should assume they cannot require their employees to be vaccinated against coronavirus.”
Now on Thursday 12th August “Can you require an employee to be vaccinated?” Employers can only require their employees to be vaccinated where:
- a specific law (such as a state or territory public health order) requires an employee to be vaccinated (see Legislation and public health orders requiring vaccination against coronavirus)
- the requirement is permitted by an enterprise agreement, other registered agreement or employment contract (see Agreements or contracts relating to vaccinations), or
- it would be lawful and reasonable for an employer to give their employees a direction to be vaccinated, which is assessed on a case-by-case basis (see Lawful and reasonable directions to get vaccinated).
The Sydney Morning Herald and the Age 12th August – New System: Four tiers to guide businesses on Mandatory Vaccines.
Australia’s workplace watchdog will dump its guidance to employers that they are ‘overwhelming” unable to require their staff to be vaccinated and
Instead, they will adopt a four-tier system backing mandatory vaccinations for key industries.
In a draft seen by the Sydney Morning Herald and The Age, the Fair Work Ombudsman says Border control, quarantine, healthcare and age care firms are “more likely to be allowed to mandate jobs for their staff”. Essential businesses in areas of coronavirus transmission, which include supermarkets in parts of Western Sydney are also likely to be allowed to require their staff to receive a vaccine.
The Ombudsman’s intervention sends a clear signal to businesses about which firms can expect to be able to require jabs as employers for clarity. So who is the Fair Work Ombudsman? Apparently an independent (oh yes) statutory agency of the government. They work on business mentor services and offer free advice on worker’s rights. Who by the way pay their wages.
Fairwork Commission Rule Dismissing Employee was not unreasonable or unlawful
In August of last year, the Fair Work Commission ruled on the dismissal of employees who refused a flu vaccine was not unreasonable or unlawful. The employee refused the flu shot as she had suffered an anaphylactic reaction to the vaccination as a child. She had no supporting evidence, was sacked. So bad you have a bad reaction to the vaccine, so you don’t want it the second time. So bad luck you’re fired.
So what does Scott Morrison think about it? Is he Standing up for our rights when he ruled out mandatory Covid vaccines? Well he says employers have to make their
own decisions Most big corporations will do what’s in their best financial interests, he said.
What about the employees can they make their own decision? Can we do what’s in our best interests? Why is it that the workers must be subjected to these mandates? MCJ Report says We are now seeing an absolute removal of our bodily integrity and rights to engage in this provisionally approved vaccine. Biggest clinical trial in the World remember said, Greg Hunt. Don’t forget that people.
So now SPC is going for gold to be the first business to try and mandate vaccines on their workers. More will follow.
Hello to Woolies who sent out a little brochure to their staff encouraging them to get the jab. Softly, softly at the moment. MCJ Report has the lowdown on pretty pictures for staff to take of themselves ‘wearing a mask” smiling after they have had the jab. Will Woolworths be included as an essential industry that requires their workers to be vaccinated?
The Fair Work Commission backflip also gives a greater green light to other corporations and businesses to try and mandate vaccination in the workplace. The Fair Work Commission people are not there for the workers, they may have been before but now exist purely to do what the Government wants.
What about compensation? If an employee is forced to have the vaccine and becomes terribly ill or dies. What does WorkCare have to say about that? A worker falls down at work because they slipped on a box and hurt their back, covered. So what happens if they become ill after a Covid-19 vaccine.
It’s not all bad there alternative ways to shop – every day more and more small businesses are joining Reignite Democracy list of businesses that will treat their staff and
Customers with respect and courtesy. Vaccinated or not.
Pop over to the MCJ Report for the full article, videos and documents.