IN BRIEF

The Public Well being (Additional Extension of Declared Public Well being Emergency—COVID-19) Regulation (No. 2) 2022 was applied solely final week. Nevertheless, the Premier has rotated 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 schooling, outdoors college care, kindergartens, household day care, police watch homes, youth detention facilities and airports.

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

What does this imply for you?

The Premier acknowledged that the choice round necessary vaccinations in companies falling inside the scope of these not topic to the necessary vaccines, can be made by the employer. Which means that it’s their selection as to whether or not they have a path in place for workers.

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

It was held in Jamieson that Monash Well being had applied a path that was not a mandate and “[Her] resolution 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 selections to terminate employment of staff based mostly on non-compliance with the orders, these selections 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 determine tips on how to interact/re-engage these staff.

For these staff who’ve been stood down as a result of their vaccination standing was not in step with the general public well being orders, now’s 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 industries, employers ought to take into account whether or not affordable instructions could be made round vaccinations as a part of your WHS / threat administration system.