LEGAL UPDATE – Mandate restrictions on 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 rotated on that announcement and has introduced a few of Queensland’s final remaining COVID-19 restrictions will likely be lifted from 1am, 30 June 2022.

Abstract

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

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

Regardless of these restrictions on easing, 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 falling throughout the scope of these not topic to the obligatory vaccines, will likely be made by the employer. Which means that it’s their alternative as to whether or not they have a path in place for workers.

This stance appears to comply with the current Truthful Work Fee choice 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 alternative for workers, moderately than a mandate imposed by employers.

It was held in Jamieson that Monash Well being had carried out a path that was not a mandate and “[Her] choice to not get vaccinated meant that Monash Well being, certain 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 employment of workers primarily based on non-compliance with the orders, these choices stay legitimate. Some former workers could 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 determine tips on how to interact/re-engage these workers.

For these workers who’ve been stood down as a result of their vaccination standing was not in keeping 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 not function in some industries, employers ought to think about whether or not cheap instructions is perhaps made round vaccinations as a part of your WHS / threat administration system.