GOVT UNDER FIRE FROM BUSINESS OVER NO JAB NO WORK STRATEGY

The federal government’s decision to leave it up to individual businesses and organisations whether to make vaccines mandatory in the workplace is copping flack from all sides.

Employer groups say the government is effectively hanging businesses out to dry. The Australian Chamber of Commerce and Industry chief executive, Andrew McKellar, told The Guardian that the government was “leaving them at the whims of the courts” by absolving itself of responsibility. Popular TV host David Koch told federal treasurer Josh Frydenberg on live TV that the government’s position was “stupid".

Prime minister Scott Morrison has now twice ruled out a government mandate, leaving businesses in a seriously difficult posiiton. So far food packager SPC is the only local company to mandate the vaccine, while overseas it is more common, US tech giants Google and Facebook for instance will not allow unvaccinated staff into the workplace, and Google sacked three unvaccinated staff who tried to get in.

Walter Kuhn, president of PVCA said: “As it is primarily a federal government responsibility to legislate employment law, they should take the lead, communicate their intent and legislate to provide the certainty that everybody needs. All state and territory governments need to fall into line to create some consistency going forward.

“We need to take care of our people. The most important consideration must be the long-term health of both employers and employees. The last thing we need on top of the constant round of lockdowns is a constant round of political disagreement and legal challenges, which lead to continual uncertainty.”

Charles Watson, governance and IR manager at TRMC said: "It would be great if government provided indemnity, or some quick regulatory amendment, but at the very least industry needs clarity. We need to know what advice the solictor general gave that made the government stand back. If the government said there is a strong basis for mandatory vaccination that would give business some security to move forward on that basis." Watson has written a TRMC industry advisory on workplace vaccinations, click here to access it.

Vaccination in the workplace will likely be the biggest issue of 2022, with anti-vaxxers claiming discrimination if they are not allowed into work, while business owners want security of operation without the threat of being closed down for deep cleans, and the larger vaccinated group demand a safe workplace, which does not include the unvaccinated.

While vaccination prevents death, and in most cases hospitalisation, it does not prevent transmissibility, meaning that a vaccinated person could go to work, catch the virus from an anti-vaxxer, go home and pass it on to their nine-week-old son or 90-year-old grandmother - a clearly untenable situation. 

Without government mandate, employers are facing a nightmare scenario of being taken to court by either the vaccinated or the unvaccinated, depending on whether the employer allows the unvaccinated into work or not. They face being closed down for two weeks if the virus is detected at work. They face losing key staff, from either side, and face the vaccinated refusing to come to the workplace if it has anti-vaxxers there.

Employer groups feel that a government mandate would at least provide clarity, and they would only have to deal with the issue of what to do with anti-vaxxer staff. Mandatory vaccination in the workplace is also supported by the Australian Council of Trade Unions (ACTU).

Australian Industry Group CEO Ines Willox wants the government to at least indemnify employers who mandate vaccination.

“Indemnity has nothing to do with mandating vaccinations, which is an entirely separate issue. It is about reducing the risk for employers who may still face an expensive workplace claim,” said Willox.

“Employers are very keen to help speed up the vaccination effort in the workplace and an extension of indemnity to them would make this more attractive for many more employers.”

ACTU secretary Sally McManus said that unions would support mandartory vaccines if it came from a public health order, she said, “Only public health experts should be responsible for mandating vaccines, not individual employers. Many employers across the country are taking a different approach and instead doing what they can to support employees getting vaccinating by ensuring they have paid leave, especially for casuals if they have routine side effects. This will be the most effective, conflict free way of maximising the number of people who choose to get vaccinated and we would encourage all employers to do the same.”

Food packager SPC became the first company in the country to mandate workplace vaccinations, the AMWU was not happy but that was mainly because it claims it was not consulted.

The Fair Work Commission recently sided with an employer who sacked an aged care worker that refused to get the flu vaccine, but it operates on a case-by-case basis, and in its judgement said that part of its decision was based on the worker's clients being aged, frail and vulnerable.