The PSA/CPSU NSW’s most recent survey on workplace attitudes to vaccination was completed by 12,832 members over three days (30 August-2 September).

The survey found:

76.63 per cent of members had received at least one shot, which was higher than the state average, which is 70.5 per cent.
54.2 per cent of members had received both shots, compared to 36 per cent nationally and 39 per cent in NSW.
22.43 per cent had received their first inoculation and 6.47 per cent were booked in for their vaccinations.
8.3 per cent of respondents said they were worried about the side effects of vaccination and were not yet inoculated.
Two per cent of respondents thought a COVID-19 vaccine was unnecessary.
Almost all employers are approving members’ requests to take Special Leave to get vaccinated. This leave entitlement was negotiated by the PSA/CPSU NSW.

Less than one per cent of respondents said their request for Special Leave to receive their vaccination had been knocked back by a manager or supervisor.

For information on your entitlements if you fall ill with COVID-19, click HERE.

More than three-quarters of respondents (57.83 strongly agreed, while 17.41 per cent agreed) agreed vaccines should be mandatory for “workplaces that have a high level of interaction with the public”. While 8.74 per cent of respondents were neutral on the subject, 4.4 per cent disagreed and 11.61 per cent strongly disagreed with mandatory vaccinations in such workplaces.

Public Health Orders

At present, the Public Health Orders prescribe mandatory vaccination for certain members, as outlined below:

• As of 6 September, authorised workers from local government areas (LGAs) of concern now have until 19 September 2021 to get vaccinated. However, they are required to have booked a vaccination by 9 September to receive a COVID-19 vaccine on or before 19 September 2021.
• By 9 September 2021, all relevant care workers, including Disability Support Workers, who live or work in an LGA of concern must have had their first dose of a COVID-19 vaccine.
• Between 30 September and 30 November, health workers must have had one dose of vaccine to be able to work. After 30 November, a Health worker must have had two doses of vaccine.
• All Ministry of Health employees are covered by the Public Health Order.

You can read more information about the Public Health Orders HERE.

Members are reminded they are legally required to follow Public Health Orders. Public Health orders are made under the provisions of section 7 of the Public Health Act 2010 (NSW).

The PSA/CPSU NSW reminds members mandatory vaccination is not a new phenomenon generally or in employment. Commonwealth laws impose vaccination requirements to receive federal childcare subsidies and family payments. In four states “No Jab No Play” laws limit access to childcare and kindergarten for unvaccinated children.

Employees in various fields in the public service have been required to be vaccinated against certain diseases for some time and some employers have been found liable in negligence for failing to require employees to be inoculated against transmissible diseases.

Where a Public Health Order prohibits a worker (such as a health care worker) from undertaking their duties unless vaccinated, an employer is likely to be justified in disciplining or dismissing an unvaccinated employee (other than one exempted on medical grounds).

An employer is able to direct employees to be vaccinated in order to perform work in their employment so long as the direction is lawful and reasonable, particularly in high-risk industries. There have been two recent decisions by the Fair Work Commission regarding dismissals related to refusal of mandatory flu vaccinations. In both cases the Fair Work Commission considered that it was a valid reason for the employers to dismiss the workers for refusing to have an influenza vaccination.

You can read the Public Sector Guidelines regarding COVID-19 vaccinations HERE.

In an unfair dismissal claim each case will turn on its individual facts and circumstances and members should Call the Union.

The PSA/CPSU NSW understands this is an emotive topic for some members. Your union urges members to discuss any concerns about COVID-19 vaccines, including medical exemptions, with your doctor and talk to your employer about your options.

For any workplace issues, including vaccination rules, members can call the union on 1300 772 679.

Members are reminded this is general advice only. They can direct more specific inquiries to an Industrial Officer or the Member Support Centre on 1300 772 679.