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Australian Defence Force personnel at Epping Gardens Aged Care Facility. Source: Daniel Pockett/AAP.
Whether or not employers have the ability to lawfully require employees to receive a coronavirus vaccination has been a hotly debated topic over the past few months.
Employment law practitioners have generally viewed the debate through the lens of two questions.
Would requiring an employee to receive a coronavirus vaccination be considered a “lawful and reasonable direction”?
Is having a coronavirus vaccination an inherent requirement of the job?
While some guidance can be drawn from the limited decisions of the Fair Work Commission regarding influenza vaccinations, the reality is, to date, there has been no conclusive statement or decision from the Fair Work Commission as to whether or not employers can require their employees to be vaccinated.
Michaela Meade and Jessica Micallef
Aged care residents in Whittlesea and Hume will need to wait at least one more week before receiving the COVID-19 vaccination, with all aged care homes in both municipalities left off the week one vaccination schedule.
The federal government last week announced the location of the aged care centres that would receive the vaccine first. The national roll-out of the Pfizer vaccine began yesterday.
Epping Gardens Aged Care, which recorded the third highest number of cases among aged care centres during Victoria’s second wave, has not been scheduled to receive the vaccine this week.