Unvaccinated submarine workers on a South Australian shipbuilding vessel could be fired after the Fair Work Commission found the company’s vaccination warrant to be legal.
Key points:
- The unions argued that the ASC’s vaccination mandate was unreasonable and was implemented without proper consultation.
- The FWC found that the ASC was willing to consider the changes and had not rushed the policy
- The commission recommended a review after 12 months, as the risks of COVID-19 continue to change.
The Australian Workers ‘Union (AWU) and the Australian Manufacturing Workers’ Union (AMWU) brought the Australian Submarine Corporation (ASC) to the Fair Work Commission, arguing that its mandate to vaccinate COVID-19 was illegal.
The unions told the committee that the mandate was not “a reasonably proportionate response to the current risks posed by COVID-19”.
They also claimed that ASC did not properly consult its employees about the policy.
But ASC told the commission the policy was “logical,” “fair,” and “balanced,” as it allowed unvaccinated personnel at its Osborne facility to provide a medical exemption.
He said unvaccinated workers could pose a risk to his client, the Royal Australian Navy, which required its crew to be doubly vaccinated.
The company presented to the commission that its mandate was reasonable after the opening of state borders and the current risk of transfer to jobs.
The ASC has a mechanism for workers to register a medical exemption for vaccination. (Supplied by: Australian Defense Force)
Fair Labor Commission MP Peter Anderson agreed, saying the mandate was “logical” as it was about managing a real and current risk to health and safety.
It also found that ASC implemented its consultation plan in November 2021 before the official announcement to staff.
“It was not a later idea or hastily convened following subsequent events such as the objection of unions or delegates,” he said in his ruling.
“The ASC had a predisposed view in favor of the decision it had made, but was willing to, and did, consider opinions that questioned the need for a vaccination warrant.”
More information on the launch of the vaccine:
Anderson also recommended that ASC review its vaccination policy in 12 months, as the risk continued to change.
“A reduction in risk may, at some point in the future, tip the scales so that a policy that requires mandatory vaccination is no longer proportionate and reasonable,” he said.
“Conversely, if new variants of COVID-19 appear or if there is an increase in transmission or morbidity rates, the continuation or configuration of stricter policies may be justified.”
The commission ordered ASC not to act in breach of its vaccination mandate until it has resolved the just labor dispute, which was dictated yesterday.
Space to play or pause, M to mute, left and right arrows to search, up and down arrows for volume. Clock time: 4 minutes 24 seconds 4 m 24 s At the age of 105, May Harrison survived COVID, but experts warn Australians to be careful.
What you need to know about coronavirus:
Loading form …
Posted 8 hours 8 hours agoDiss. June 4, 2022 at 2:38 am, updated 8 hours agoDiss. June 4, 2022 at 2:51 p.m.