Sep 21, 2022
A recent ruling from the Fair Work Commission (FWC) reminds us that vaccination policies are still essential to have in place.
A marine pilot has taken the Port Authority of New South Wales to the FWC, disputing an enterprise agreement regarding its vaccination policy. The Port Authority introduced a COVID-19 Control Policy requiring its employees, including marine pilots, to be vaccinated against COVID-19.
The pilot has been disciplined for failing to comply with the COVID-19 Control Policy and faces imminent dismissal. The marine pilot disputed that the direction given under the policy was reasonable and that consultation had been inadequate.
The FWC found that the Port Authority implemented several factors that supported that the policy was reasonable and valid, including:
The Port Authority deployed other safety measures, such as mask mandates and the like, that were also effective control measures.
The marine pilot submits that compulsory vaccination squarely collides with other very important rights and principles, such as principles of bodily integrity, which point against finding that a direction that all staff must be vaccinated was a reasonable direction.
The FWC recognises that “some members of the workforce hold strong views against COVID-19 vaccination, and that the medical, legal or even logical soundness of those views varies considerably.”
In a previous case, Mt Arthur Coal, the FWC Full Bench found “that the site access requirement that mandated vaccination did not violate any common law right to bodily integrity but noted that:
“While we would demur from the proposition that the Site Access Requirement constitutes coercion in the legal sense, we accept that it is a form of economic and social pressure.”
The commission found the consultation undertaken by the Port Authority was extensive, and they had provided adequate information to employees.
The FWC ruled that the direction to be vaccinated under the policy was lawful and reasonable and rejected all arguments.
Read the full judgement: Lyndon Clark v Port Authority of New South Wales [2022] FWC 1915 (20 July 2022)
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Amelie is our Marketing Lead and currently studying for a B.A. in Business and Visual Arts. She brings her visual arts skills and eye for colour and detail to our graphics and design for the business.
Amelie uses her skills as a digital native in our Marketing team and works across our social media channels. Amelie provides administrative support and assists the recruitment team in finding great candidates.
Sarah joins the team at Total HRM following her time in a regional real estate company, most recently in HR. She brings a solid understanding of the unique dynamics and challenges within small and medium-sized businesses.
Prior to real estate, Sarah worked in the airline industry, providing her with excellent skills in customer service and how to remain calm in a crisis.
Known for her positive energy, Sarah approaches her role with enthusiasm and a genuine desire to support and uplift those she works with. With her experience in HR and recruitment, Sarah is committed to fostering a culture of inclusivity, professional growth, and employee well-being. Her ability to connect with people and create a positive work atmosphere contributes to the overall success of teams and the business as a whole.
Ashly is one of our most experienced HR Business Partners with over 20 years of experience in manufacturing and hospitality, both local and overseas, ranging from large multinational companies to small family-owned operations. Throughout his career, Ashly regularly led teams with over 30 employees while continually growing the business and aligning business strategies with employee capabilities.
Ashly has qualifications in Applied Management and Human Resources and a strong leadership and people management background. Ashly combines his experience with his qualifications to develop great workplace cultures while delivering practical support.
As our Business Services Manager, David keeps everything that is Total HRM ticking along – from overseeing administration and finance functions, liaising with clients and suppliers, to IT troubleshooting and keeping everyone on track to deliver effective customer service to all our clients.
In a business landscape of ‘information overload’, Kim’s pragmatic approach simplifies the ever-changing HR trends and legislation to obtain meaningful and maximum benefits for her clients.
Kim is well known for her ability to understand the ‘real’ issues within businesses and to provide solutions for sustained business growth.
Kim has over 20 years of experience in human resources and 15 years of business consulting experience, and she holds post-graduate Business and Human Resource qualifications.
She has vast and varied experience in senior consulting roles across varying disciplines and HR management positions within retail, manufacturing and professional service sectors.
Linda is the Managing Director of Total HRM and has worked for over twenty five years in business and consulting, including executive and senior management roles. She has worked here and overseas in numerous industries, including mining, energy and government. Her experience in areas such as production, strategic planning, finance, OHS/WHS, and lecturing in Human Resources Management at La Trobe University provides her with a unique blend of business and HR capability.
Linda has led comprehensive organisational restructures and implemented programs to improve the effectiveness of businesses with clear alignment between individuals’ contributions and organisational outcomes. She works with various local boards and executive teams in the region. She is a Certified Professional Member of the Australian Human Resources Institute.