From the explanatory memorandum: this includes prohibiting employers from taking adverse actions such as not hiring a prospective employee, dismissing an employee, or altering the position of an employee to their detriment based on their vaccination status. The bill specifies that vaccine mandates must not be imposed unless it is an inherent requirement of the job. Furthermore, it ensures that the Fair Work Commission considers COVID-19 vaccination status as a factor when preventing and eliminating discrimination in the workforce.
The bill should be supported because it reinforces the fundamental right to non-discrimination in the workplace. Protecting employees from discrimination based on COVID-19 vaccination status aligns with broader ethical obligations to ensure fair work conditions for all individuals, regardless of their personal medical choices. By preventing arbitrary employment decisions based on vaccination status, the bill promotes social inclusion and respects individual autonomy, which are cornerstones of democratic society. Moreover, it supports a balanced and cooperative workplace environment that values diversity and equality [Judgment].
The bill should be opposed because it may hinder employers' ability to ensure workplace safety, which could be a legitimate concern in certain industries where vaccination is critical to maintaining a healthy work environment. While the bill asserts that vaccination mandates should only exist when they are an inherent requirement of the position, the ambiguity around what constitutes an 'inherent requirement' might lead to legal disputes and unintended consequences [Judgment]. Additionally, this legislation could be perceived as undermining public health efforts by discouraging vaccination uptake among employees.
2023-02-08
Before Senate
CANAVAN, Sen Matthew; ANTIC, Sen Alex; RENNICK, Sen Gerard
Unspecified
Discrimination / Human Rights, Labour, Healthcare