Fair Work’s COVID-19 Vaccination Information

The COVID Vaccine rollout has raised a lot of questions for both employers and employees. The Fair Work Ombudsman has endeavoured to answer many of these questions to assist employers and employees understand their rights and obligations. Their advice can be found here.

This information attempts to answer the question, can an employer require an employee to be vaccinated?

Unfortunately, there is no straight answer to this as it depends on a range of factors including, what is lawful and reasonable, the nature of the workplace if there are vulnerable people, contact with the public etc.

Directions to vaccinate must be lawful and reasonable. To determine this, employers should consider;

  • The nature of their workplace e.g., if employees interact with the public or have the ability to social distance.
  • The duties their employees perform e.g., if they are working in health, regularly come into contact with vulnerable people, or are required to engage face to face with members of the public.
  • Each state’s specific safety obligations.
  • If employees are eligible to receive a vaccine.
  • If community transmission is in the location where you are conducting business.
  • If employees have a valid reason not to be vaccinated e.g., medical, religious or age-based grounds.

Please see the Fair Work Ombudsman’s website for detailed information, and questions and answers.

If you have questions about vaccination and want advice personalised to your business, contact us on (08) 9316 9896, or email enquiries@processworx.com.au.

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Written by Danielle McNamee


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Marisa Ross

HR Advisor

Marisa is an experienced and motivated HR professional with a strong HR generalist and business operations background with a focus on employee relations, performance management, leadership training & development, workers compensation & injury management, and employee retention. Marisa holds a Bachelor of Human Resource Management and a Bachelor of Behavioural Science with a minor in Counselling. Having worked in a variety of industries from SMEs to large blue-chip organisations, Marisa is passionate about enriching employee experience, employee retention, and building leadership capability in people management.

Aimee Grigson

Aimee Grigson

WHS Advisor

Aimee has a strong understanding of Workplace Health and Safety Legislation and standards and has extensive HSEQ experience in a number of industries. Aimee has a great ability to engage across all levels of organisation, including field teams, leadership and external stakeholders. Aimee ensures Health and Safety Management Systems are compliant to legislation, effectively implemented and understood by all. Aimee has a Certificate IV in Work Health and Safety and qualifications in auditing and incident investigations. Aimee is passionate about coaching and developing small businesses towards a positive safety culture.