The Fair Work Ombudsman (FWO) posted updated guidance on its website last night relating to the power of employers to mandate COVID-19 vaccinations for their employees.
This is an issue that we have also discussed before.
Previously, the FWO’s position was that employers are “overwhelmingly” unable to require employees to be vaccinated.
The FWO does provide a useful guide in dividing work into four broad tiers, as follows:
- Tier 1 work: where employees are required as part of their duties to interact with people with an increased risk of being infected with coronavirus (for example, employees working in hotel quarantine or border control).
- Tier 2 work: where employees are required to have close contact with people who are particularly vulnerable to the health impacts of coronavirus (for example, employees working in health care or aged care).
- Tier 3 work: where there is interaction or likely interaction between employees and other people such as customers, other employees or the public in the normal course of employment (for example, stores providing essential goods and services).
- Tier 4 work: where employees have minimal face-to-face interaction as part of their normal employment duties (for example, where they are working from home).