LEGAL UPDATE – Mandate restrictions easing in Queensland

IN BRIEF

the Public Well being (Additional Extension of Declared Public Well being Emergency—COVID-19) Regulation (No. 2) 2022 was carried out solely final week. Nonetheless, the Premier has circled on that announcement and has introduced a few of Queensland’s final remaining COVID-19 restrictions can be lifted from 1am, 30 June 2022.

Abstract

Starting this Thursday, Queenslanders will now not require COVID vaccinations to go to aged care amenities, incapacity lodging and correctional amenities.

The Premier has additionally introduced that the high-risk employee vaccine mandate would even be revoked in faculties, early childhood training, exterior college care, kindergartens, household day care, police watch homes, youth detention facilities and airports.

Regardless of these easing restrictions, obligatory vaccines are nonetheless required for staff in healthcare, hospitals, aged care and incapacity care.

What does this imply for you?

The Premier said that the choice round obligatory vaccinations in companies falls throughout the scope of these not topic to the obligatory vaccines, can be made by the employer. Which means it’s their selection as to whether or not they have a course in place for workers.

This stance appears to observe the latest Truthful Work Fee determination of Ms Emma Jamieson v Monash Well being [2022] FWC 1331 (Jamieson), the place Commissioner Johns emphasised that obligatory vaccinations in a office are a matter of selection for workers, slightly than a mandate imposed by employers.

It was held in Jamieson that Monash Well being had carried out a course that was not a mandate and “[Her] determination to not get vaccinated meant that Monash Well being, sure by the phrases of the Instructions, was required to make sure that [she] didn’t attend the office.” She was then subsequently dismissed for being unable to meet the inherent necessities of her job.

The place employers made choices to terminate the employment of staff based mostly on non-compliance with the orders, these choices stay legitimate. Some former staff might search to be returned to the office now that the general public well being orders have ceased to function in some industries. It’s for employers to resolve the best way to interact/re-engage these staff.

For these staff who’ve been stood down as a result of their vaccination standing was not consistent with the general public well being orders, now could be the time to re-engage with them to debate their return to the office.

The place the well being orders will now not function in some affordable industries, employers ought to think about whether or not instructions is likely to be made round vaccinations as a part of your WHS / danger administration system.