Please note, this information is current as of Friday 22 October 2021.
On 1 October 2021, the Victorian Government announced its intention to make COVID-19 vaccination a compulsory requirements for authorised workers in Victoria who can’t work from home.
Authorised workers includes farmers and all farm workers.
Authorised workers will be required to have their first COVID-19 vaccine dose by 15 October 2021 (or be booked in to receive a vaccine by October 22) in order to continue working onsite, and their second dose by 26 November 2021.
The Victorian Farmers Federation has developed these FAQs for its members to address some of the most commonly asked questions in relation to the mandatory vaccination requirements and has included links to relevant material from State and Federal Government agencies to address members concerns.
FREQUENTLY ASKED QUESTIONS:
Q-Should I discuss the mandatory vaccine requirements with my employees?
VFF strongly encourage you to consult with your employees as soon as possible, through a team meeting or toolbox meeting, to make your employees aware of the mandatory vaccination requirements and to make them aware that if they are not vaccinated by 15 October (or booked in to receive by October 22) these new laws prohibit them from attending the workplace.
- Employers are required under the Fair Work Act, and under industry awards, to consult with their employees about workplace change. Consultation is also a requirement under relevant Industry Awards.
- Employers are also required to consult with their employees under the Occupational Health and Safety Act about matters that affect their safety.
VFF suggests you also consult with your employees individually to give them the opportunity to express their views and to talk through the requirements of the government requirements.
Click here to read more.
Q- Do I have to comply with the Directions?
Yes, all employers are required to comply with the public health orders.
The maximum penalty applicable for failure to comply is $109,044.
Q- Does complying with the Directions mean that I can immediately terminate the employment of a worker that is not vaccinated by 16 October?
No. It is strongly recommended that you read the advice below and ensure that you follow a procedurally fair process in managing your way through this process.
VFF strongly encourages any famers needing assistance to contact the VFF Industrial Relations Team for assistance.
Q- Can an employee refuse to be vaccinated?
Yes.
If an employee refuses to be vaccinated, you should ask the employee to explain their reasons for refusing the vaccination. An employee may have a legitimate reason for not being vaccinated. For example, the employee could have an existing medical condition that means vaccination is not recommended for them.
You will require a medical certificate for employees who do have medical conditions.
Employees should speak to their doctor if they have concerns about receiving a vaccination because of a medical condition.
Click here to read more.
Q- Can an employer require an employee to provide evidence that they have been vaccinated?
Yes, in fact you must obtain evidence of vaccination.
You can do this by asking employees to show a copy of their vaccination certificate. Employees can retain evidence of their vaccinations on their mobile phones.
- The Directions require employers to verify that workers are vaccinated. A request to see evidence that an employee has been vaccinated will be a lawful direction.
- Under the Directions employers are required to retain a record that confirms that they have verified their employees vaccinations. This can be maintained by simply recording electronically or in a diary. It is important to ensure that the records are protected to ensure privacy.
Click here to read more.
Q- What do I do if a worker is booked in for a first dose vaccination but has not had it by 15 October 2021?
An employer will be permitted to allow a worker that is booked in for a first dose vaccination to attend the workplace so long as there is clear evidence that a booking has been made.
You must have a booking to receive your first dose by 22 October 2021.
From 15 October 2021, in order to work onsite at a work premises, you must be able to provide evidence to your employer that you have:
- received at least your first dose of the COVID-19 vaccine, or
- have a booking to receive your first dose by 22 October 2021, or
- have a medical exemption evidenced by an authorised medical practitioner
Click here to read more.
Q- What do I do if an employee refuses to provide evidence that they have been vaccinated?
You have to treat the employee as unvaccinated. They will not be able to attend the workplace.
Q- If an employee refuses to be vaccinated, can an employer require evidence about why they’ve refused?
Yes.
If an employer has provided a lawful and reasonable direction to be vaccinated and an employee refuses, the employer can ask the employee to provide evidence of the reason for their refusal.
Q- Can an employer take disciplinary action if an employee refuses to get vaccinated?
Yes, but before you do you must discuss with the employee. For example, the employee may have a medical condition that means vaccination is not recommended for the employee.
- An employer may be able to take disciplinary action, including termination of employment, against an employee for refusing to be vaccinated if the employee’s refusal is in breach of the Directions.
- If the employee has leave entitlements you can discuss the option of giving employee time off work.
- If the employee continues to refuse to be vaccinated you will need to consider termination of the employee’s services. It is recommended that VFF member should contact the VFF Industrial Relations Team for advice as they work through that process.
Q- What are the rules that apply to new employees?
You need to have a record of their vaccination status as soon as possible.
A new worker that has not been vaccinated will not be able to work in the workplace.
Q- What happens if I allow an unvaccinated worker on site?
You run the risk of a fine.
- up to 120 penalty units ($21,808) if you are an individual or
- up to 600 penalty units ($109,044) if you are a corporation.
You also run the risk of being prosecuted for OHS offences as unvaccinated workers may put others in the workplace at risk.
USEFUL INFORMATION:
- Your nearest vaccination centre
- Guidance on COVID-19 vaccinations
- Your employees’ privacy rights
- Victoria’s Chief Health Officer Directions
- Workplace rights & obligations
- Understanding your privacy obligations to your staff
Members are reminded the above information is current as of Friday October 22 2021 and we will continue to update this as further information or updates are made.
For further assistance please contact the Workplace Relations Team at the Victorian Farmers Federation on 03 9207 5513.