Update: Can an employer mandate COVID-19 vaccinations?

The Fair Work Ombudsman (FWO) has provided a list of public health orders requiring vaccination in various Australian states and territories. The FWO has expressed an opinion that national system employers covered by the Fair Work Act 2009 (cth) (and Western Australia employers covered by the state system) may now explore issuing reasonable and lawful directions to employees to receive COVID-19 vaccinations that will be fact dependent and needs to be assessed on a case-by-case basis. The website then outlines a range of factors that may be relevant when determining whether a lawful direction to an employee is reasonable.

 

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