MEMBER GUIDE COVID-19 VACCINE - AUGUST 2021 - AMMA
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MEMBER GUIDE COVID-19 VACCINE AUGUST 2021 Version 6
Contents
Introduction ........................................................................................................................ 3
Your AMMA support team on COVID-19 Vaccinations ............................................... 3
General contact................................................................................................... 3
The Government’s COVID-19 Vaccination Strategy........................................................ 4
General population ...................................................................................................... 4
Changes to the vaccine roll-out........................................................................... 4
Workplaces.................................................................................................................. 6
Industry Approach to Vaccinations.................................................................................. 7
FIFO Employees ................................................................................................. 7
Roster Arrangements .......................................................................................... 8
Accommodation Facilities ................................................................................... 8
Workplace Vaccinations.................................................................................................... 9
Employer Position ....................................................................................................... 9
Workplace policies ............................................................................................ 10
Employment contracts ...................................................................................... 10
Managing the exceptions........................................................................................... 11
Workplace adjustments ..................................................................................... 11
Stand down ....................................................................................................... 11
Termination ....................................................................................................... 11
Attachment 1 – Vaccine Types and Dosage .................................................................. 13
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021Introduction
The Australian Government has announced the approval of COVID-19 vaccines to be rolled out in
phases over the coming months. The roll-out will play an important part in Australia’s ability to
manage COVID-19 in 2021.
While the Australian Government strongly supports immunisation and will run a strong campaign to
encourage vaccination, it is not mandatory and individuals may choose not to vaccinate. There may,
however, be circumstances where federal, state and territory governments introduce border entry or
re-entry requirements that are conditional on proof of vaccination.
This guide is designed to assist resources and energy employers to manage the workplace
considerations relating to the roll-out of COVID-19 vaccines in Australia.
The central issue for employers is the ability to require that employees be vaccinated in order to
attend and perform work. The key considerations surrounding this issue are addressed in this guide.
AMMA continues to work with and assist members on the vaccine roll-out. This guide will be updated
and recirculated periodically as additional information, guidance, workplace considerations and/or
industry developments occur.
Your AMMA support team on COVID-19 Vaccinations
Tara Diamond Ben O’Brien
Director Operations Head of West Coast, Perth
Tara.Diamond@amma.org.au Ben.Obrien@amma.org.au
Katie Jacklin Tom Reid
Head of East Coast, Brisbane Head of Policy and Public
Katie.Jacklin@amma.org.au Affairs
Tom.Reid@amma.org.au
General contact
For information on government policy and AMMA’s advocacy, contact policy@amma.org.au.
For any practical support relating to the COVID-19 vaccine roll-out, get in touch with one of AMMA’s
specialist workplace relations consultants via membership@amma.org.au.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021The Government’s COVID-19 Vaccination Strategy
General population
The Australian Government’s COVID-19 vaccine roll-out commenced in late February with the
Government identifying high-risk groups within the community to be prioritised. The vaccines will be
available to resources and energy employees who fall within the high-risk categories identified by
the Government before the remaining adult population.
Further information about the Australian Government’s COVID-19 Vaccine National Roll-out
Strategy can be found here.
Links to additional information on the vaccines purchased to date is at Attachment 1.
Updates to the vaccine roll-out
30 July 2021 – National Cabinet met to discuss Australia’s COVID-19 response, recent outbreaks
of COVID-19 and the Australian COVID-19 Vaccine Strategy.
As part of these discussions National Cabinet agreed in-principle to an updated four-step National
Plan to transition Australia’s National COVID-19 Response (National Plan) taking into account the
Doherty Institute COVID-19 modelling and the Commonwealth Department of Treasury economic
analysis.
The National Plan sets out four phases to effectuate this transition. Each phase will be triggered by
the achievement of vaccination thresholds of both the nation, and the individual state or territory
expressed as a percentage of the eligible population (16+), based on the scientific and economic
modelling conducted for the COVID-19 Risk Analysis and Response Taskforce.
Phase A. Vaccinate, Prepare and Pilot (Current Phase)
Australia will continue to strongly suppress the virus for the purpose of minimising community
transmission. Measures may include accelerating vaccination rates, closing international
borders to keep COVID-19 out, and early, stringent and short lockdowns if outbreaks occur.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021Phase B. Vaccination Transition Phase (~70% of adult population fully vaccinated)
In this phase, Australia will seek to minimise serious illness, hospitalisations and fatalities as
a result of COVID-19 with low-level restrictions. Measures may include maintaining high
vaccination rates, encouraging uptake through incentives and other measures, minimising
cases in the community through ongoing low-level restrictions and effective track and trace,
and with lockdowns unlikely but possible and targeted.
Phase C. Vaccination Consolidation Phase (≥80% of adult population fully vaccinated)
In Phase C, Australia will seek to minimise serious illness, hospitalisations and fatalities as a
result of COVID-19 with baseline restrictions. Measures may include maximising vaccination
coverage, minimum ongoing baseline restrictions adjusted to minimise cases without
lockdowns, and highly targeted lockdowns only.
Earlier updates
28 June 2021 - National Cabinet met to assess the status of the outbreaks in five jurisdictions and
the measures those states and territories are putting in place to prevent further transmission in the
communities.
As part of those discussions, National Cabinet agreed to mandate the vaccination of all residential
aged care workforce as a condition of working in an aged care facility. This is the first mandate for
vaccinations in a workplace as part of the Government’s vaccine roll-out.
National Cabinet also agreed to work with the air transport and resources sectors to address the
issue of FIFO workers in the resources sector and more generally air transport sector workers.
The Australian Health Protection Principal Committee (AHPPC) has been tasked with providing
further advice on whether there should be a requirement for mandatory vaccinations in the resources
and air transport sectors.
8 April 2021 - the Australian Government announced changes to the vaccine roll-out following a
reported health concern associated with the AstraZeneca vaccine.
The expert vaccine advisory body, the Australian Technical Advisory Group on Immunisation
(ATAGI) has recommended that the Pfizer vaccine is preferred over the AstraZeneca vaccine for
adults under the age of 50.
The recommendation is based on the identification of a potentially increased risk of a rare blood-
clotting syndrome, with a handful of Australians reportedly developing the syndrome after receiving
the AstraZeneca vaccine.
The decision by the Government to accept the ATAGI advice will have implications for the vaccine
rollout program. The Government will work through the implications with the states and territories
and provide updates on the roll-out.
The latest updates by the Australian Government can be found here.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021Workplaces
Employment Considerations
The Government’s national vaccine roll-out is well underway and resources and energy employers
are starting to see some of their employees being vaccinated voluntarily.
As more and more employees are accessing vaccinations, employers are now having to consider
the consequences of employees receiving vaccinations. Some of these include:
• adverse reactions to being vaccinated i.e. becoming ill and unable to attend work;
• efficacy of vaccination due to the timing for receiving second dose; and
• workers compensation liability if an employee contracts COVID-19 in the workplace.
For more information about the employment considerations relating to COVID-19 vaccinations
contact either of Heads of Workplace Relations, Ben O’Brien or Katie Jacklin (contact details page
3).
Mandating Vaccinations
At this point in time, with no other options available, the vaccine will likely be an effective way of
minimising the risk posed by COVID-19 to workplaces. The way in which employers might seek to
require vaccination is through a ‘lawful and reasonable direction’.
On 12 August 2021, the Fair Work Ombudsman provided new guidance on its website in relation to
workplace rights and obligations for COVID-19 vaccinations.
The most important change is the FWO abandoned its earlier position that vaccinations “in most
circumstances” could not be mandated and has now listed a variety of considerations for when it
would be “lawful and reasonable” for an employer to require or direct employees to be vaccinated.
According to the FWO, whether a direction is lawful and reasonable “will be fact dependent and
needs to be assessed on a case-by-case basis”, with factors to consider including the following
(note: abbreviated):
• the nature of each workplace (e.g. social distancing, public facing etc);
• the extent of community transmission of COVID-19 in the relevant location;
• the effectiveness of vaccines in reducing the risk of transmission or serious illness;
• work health and safety obligations;
• each employee’s circumstances, including duties and risks;
• whether employees have a legitimate reason for not being vaccinated; and
• vaccine availability.
Employers are also reminded for a direction to be lawful, it needs to comply with any employment
contract, award or agreement, and any Commonwealth, state or territory law that applies.
Further, to assist employers in making risk-based vaccination assessments, the FWO provides a
general guide to divide work into 4 broad tiers:
• Tier 1 work, where employees are required as part of their duties to interact with people
with an increased risk of being infected with coronavirus (for example, employees working
in hotel quarantine or border control).
• Tier 2 work, where employees are required to have close contact with people who are
particularly vulnerable to the health impacts of coronavirus (for example, employees
working in health care or aged care).
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021• Tier 3 work, where there is interaction or likely interaction between employees and other
people such as customers, other employees or the public in the normal course of
employment (for example, stores providing essential goods and services).
• Tier 4 work, where employees have minimal face-to-face interaction as part of their normal
employment duties (for example, where they are working from home).
The FWO also states that a workplace may have a mix of employees, with different employees
performing work in different tiers, all of which could change over time.
AMMA members are encouraged to visit the FWO’s latest advice to review the definitions and
examples of each work tier, and to read in full the factors for determining the reasonableness of a
mandatory vacation direction.
In addition, the FWO’s guidance covers a range of other key workplace vaccination issues such as
employee refusal, disciplinary action, leave considerations, and evidence of vaccination.
Industry Approach to Vaccinations
Resources and energy employers need to ensure their workplaces are COVIDSafe and plan for
ongoing monitoring and updating of COVIDSafe activities across 2021.
AMMA’s view is that a nationally-coordinated, uniform approach to vaccination requirements in
workplaces is of paramount importance – it should not be left to employers alone to confront the
legal and ethical issues arising from requiring persons to be vaccinated.
To work towards this, AMMA is in discussions with its member companies, other industry groups,
employer associations and government stakeholders.
However, while AMMA works with other national and industry bodies on a coordinated approach,
employers will need to assess their own requirements in readiness for the nationwide rollout of
vaccines throughout 2021.
Some of the unique considerations for our industry are included below.
FIFO Employees
Following a meeting on 28 June 2021, National Cabinet has agreed to meet with resources sector
representatives to address issues associated with FIFO workers in the resources sector and assess
whether the current health and safety procedures in place are effective. The AHPPC will make further
recommendations where necessary to address issues relating to FIFO workers.
While it is unclear if airlines will make vaccinations a requirement for domestic travel in Australia,
National Cabinet has also agreed to meet with the air transport sector on the issue of FIFO workers.
It has been reported that Western Australian Premier Mark McGowan is supportive of a similar
vaccine mandate for residential aged care employees be introduced for resources sector employees.
However, after making initial comments in the press regarding this position, the Premier’s position
seems to have softened somewhat.
If the advice of the AHPPC is that FIFO employees are required to be vaccinated in order to travel
on commercial flights between their home and place of work, then it is likely that resources and
energy employees would move up the Government’s vaccine prioritisation list.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021There are some resources and energy employers with employees who move internationally to
undertake their roles as expatriates. AMMA is yet to receive guidance on how the airlines’ private
policies will affect the prioritisation of the vaccine roll-out for employees travelling internationally.
Roster Arrangements
The proposed forms of vaccination in Australia will require two separate doses of the vaccine, with
the second dose to be taken some weeks after the first. The efficacy of the vaccine is dependent on
the length of time between doses. For AMMA members the time required between the two doses
will be critical, especially for employees working on FIFO rosters.
As some employees start to receive their vaccinations under the Government’s roll-out, this
consideration has been enlivened for employers.
Employers need to consider whether work schedules need to be adjusted to ensure that people are
able to get the second dose when they are required to take it. In the event that an employee has
excess leave accrued due to restrictions on leisure travel activities, employers might consider
allowing an employee to take leave in order to access their second dose of vaccine.
The industry would benefit from having a coordinated approach to how employees receive the
second dose of the vaccine.
Accommodation Facilities
The risk profile for resources and energy employees is very different to employees across other
industries. This is most relevant to employees living in close quarters in camp facilities and other
shared accommodation arrangements, as has been seen in the recent outbreak at a mine in
Northern Territory.
The COVID-19 vaccine is just one of many control measures which already exist to reduce
transmission within the community.
Resources and energy employers have been successful with a range of COVID-19 mitigation plans
to avoid outbreaks at their operations and should continue with strong COVID safe measures
including social distancing and enhanced hygiene and cleaning practices in the workplace.
National Cabinet will meet with industry to assess the effectiveness of the COVID Safe practices and
control measures in place to prevent ongoing and future outbreaks.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021Workplace Vaccinations
Employers are advised not to rush out a workplace policy that takes a one-size-fits-all approach to
COVID-19 vaccinations, or that actively promotes a ‘no jab, no job’ for all roles in the organisation.
There may be employees in your workplace who for one reason or another are not able to be
vaccinated, some of which may include:
• underlying health and medical conditions;
• cultural or religious reasons; and/or
• at risk pregnant employees.
That being said, employers will likely be able to require that employees have been vaccinated where
the employee is working in a ‘high risk’ role and the vaccine is a practicable measure that can be
taken to eliminate or reduce the risk presented by COVID-19 to that employee.
Before taking that position, AMMA recommends employers take the steps set out below to establish
whether it is appropriate to require that an employee has been vaccinated against COVID-19.
Employer Position
An employer’s ability to require that an employee has been vaccinated against COVID-19 will mostly
be derived from its obligations in State and Territory workplace health and safety legislation.
In general terms, employers have a duty to eliminate or minimise workplace risks as far as
reasonably practicable. Before deciding that the vaccine is required to eliminate or minimise the
workplace risk posed by COVID-19, the employer should:
• Identify the workplace risks posed by COVID-19 specific to the employer’s operation. This
may differ between sites and between roles. For example, the workplace risk attaching to
FIFO roles is likely going to be different to the workplace risk that attaches to office-based
roles. This is not to say the risk is higher for FIFO roles, but the ways in which a FIFO
employee may be exposed to COVID-19 in the workplace is likely different to how an
employee may be exposed to COVID-19 in an office.
• Assess the options available to the employer to control the identified workplace risks posed
by COVID-19. Given the global experience of the virus over the past 12 months, it may be
that at present no other viable controls exist outside of the vaccine option.
• Understand that the risk presented by COVID-19 in the workplace is going to evolve
throughout 2021 as more and more persons are vaccinated and public health directions begin
to be relaxed. At present our ability to address the workplace risk posed by COVID-19 is
heavily dependent on travel controls and public health directions – when these measures are
relaxed the risk profile for unvaccinated persons will likely increase and the workplace risks
will increase accordingly. Roles that you may not consider to be ‘high risk’ now may become
‘high risk’ in the future.
• Use all of the above information to make informed decisions about whether individual
employees should be required to have been vaccinated, and when those employees should
be required to be vaccinated.
• Establish a clear position on vaccination requirements by including the requirement in a
workplace policy. This may be a standalone COVID-19 vaccination policy or an inclusion in
your pre-existing Fitness For Work policy. For new employees, you should consider building
vaccination requirements into contracts of employment.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021Workplace policies
It will be important that your organisation has a clear, written position in relation to vaccinations that
is communicated to your workforce. This can be done by:
• developing a stand-alone workplace policy in relation to the vaccine;
• including your position in your current COVID Safe Plan if that has been communicated to
your workforce;
• including your position in an existing fitness for work or workplace health and safety policy;
and/or
• amending your employment contracts to include a vaccination obligation (for new employees
only).
At a high level, your position should include these two requirements:
The organisation strongly encourages all employees to be vaccinated against COVID-19.
The organisation may require that an employee is vaccinated against COVID-19 if the
employee is working in a role that the organisation deems to be high risk in relation to
COVID-19.
There are a number of other considerations to cover off in your written position including exceptions
to your vaccination position and how these exceptions will be managed. This detail should be housed
in some form of workplace policy.
If you do ultimately require an employee to be vaccinated, you can also require the person to provide
proof of having been vaccinated. It is not yet clear what forms of proof will be available in relation to
the vaccine, but we recommend you make the proof process as easy as possible for your employees:
some form of receipt of a vaccine having been administered should be acceptable in lieu of a more
formal medical certificate.
The proof of vaccination could take many different forms, including but not limited to:
• a medical certificate;
• a receipt from the pharmacy where they received the vaccine;
• signing a statutory declaration; and/or
• any form of digital vaccination passport that may be introduced in Australia.
If it is a requirement that your employees be vaccinated in order to attend work, you should consider
whether you will pay employees for their time or allow special leave to receive a vaccination. At this
stage, we do not consider that it is appropriate that employees be paid for the time it takes to receive
vaccine doses, but consideration should be given to providing employees with time off work to
receive their second vaccine dose at the required time.
For more information about workplace vaccination policies contact either of Heads of Workplace
Relations, Ben O’Brien or Katie Jacklin (contact details page 3).
Employment contracts
The most robust form of vaccination requirement will be that arising from an employee’s contract of
employment.
While amending existing contracts of employment to introduce vaccine requirements would be
problematic, you may consider amending future contracts of employment to allow the employer to
direct the employee to have been vaccinated against COVID-19 as a matter of contract.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021This is a slightly different basis upon which an employer may require that an employee has been
vaccinated, and all employers should consider reserving their right sin this regard by amending
template contracts now.
For more information about amending employment contracts to include vaccination requirements
contact either of Heads of Workplace Relations, Ben O’Brien or Katie Jacklin.
Managing the exceptions
Where employees are unable to be vaccinated or simply refuse vaccination, you should undertake
a risk assessment to determine the most appropriate way to manage these employees. Some control
measures may include:
• appropriate work placement and adjustment;
• review of work practices to ensure safe systems of work for infection prevention and control;
• additional information, instruction, training, and supervision; and/or
• adjusted personal protective equipment.
This should be done on a case-by-case basis. At all times employers should be guided by medical
advice.
Workplace adjustments
You may be reluctant to take strong and decisive action, especially in circumstances where an
employee is hesitant due to a genuinely held belief they may be affected by the vaccine or have a
medical condition that renders them likely to be injured by the vaccine.
In these circumstances, you may wish to consider permitting the employee to take annual leave or
leave without pay to seek advice from a medical practitioner.
Before a final decision is made about a person’s ongoing employment, you may wish to consider
whether redeployment to a different role, location, or organisation within your corporate group is
feasible.
Stand down
In some circumstances, it may be appropriate to stand down an employee until they are able to be
vaccinated – this may be appropriate for pregnant employees. Your organisation should consider
whether the stand down should be paid, or unpaid, and if personal, annual, or other forms of leave
can be accessed during this period.
Termination
Ultimately it may the case that an employer is left no other option but to end a person’s employment
if they cannot work safely without the vaccine and the person maintains an ongoing refusal to be
vaccinated.
The usual termination of employment risks will arise in this circumstance, as well as potentially novel
claims involving allegations of discrimination or encroachment upon religious freedom.
Currently the Fair Work Commission has had limited opportunity to consider the many workplace
issues arising from COVID-19 vaccines.
In a recent unfair dismissal proceeding involving an in-home-care worker’s refusal to be vaccinated
against influenza, the Fair Work Commission noted the parallels between the worker’s refusal of the
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021influenza vaccination and the impending rollout of COVID-19 vaccinations across Australia. The
presiding Commissioner noted:
“In my view, each circumstance of the person's role is important to consider, and the
workplace in which they work in determining whether an employer's decision to make a
vaccination an inherent requirement of the role is a lawful and reasonable direction. Refusal
of such may result in termination of employment, regardless of the employee's reason,
whether medical, or based on religious grounds, or simply the person being a conscientious
objector.”
AMMA will provide updates to members on any developments on relevant matters before the FWC.
COVID-19 Vaccine Member Guide
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Version 6 – 13 August 2021Attachment 1 – Vaccine Information
The two primary COVID-19 vaccines approved for use in Australia are the Pfizer vaccine and the
University of Oxford / AstraZeneca vaccine. In addition, the Australian Government has entered into
separate agreements for an additional three COVID-19 vaccines: Moderna – which was approved
for use in August 2021, Novavax, and COVAX.
Information on Australia’s vaccine agreements can be found here. A summary of the three primary
vaccines available to Australians follows.
Pfizer
The Pfizer/BioNTech COVID-19 vaccine was approved by the TGA for use in Australia on 25
January 2021, after a rigorous assessment and approval process. On 11 May 2021, the TGA
granted a provisional determination to Pfizer to apply to vary its provisional registration for use of
the vaccine in individuals 12 years of age or older.
Given most Australians can safely receive the Pfizer vaccine, it has quickly become the vaccine of
choice. The key issue is supply of this vaccine:
• In November 2020, the Australian Government announced an agreement to secure 10
million doses of the Pfizer/BioNTech vaccine.
• In February 2021, Australia purchased an extra 10 million doses of the Pfizer/BioNTech
vaccine. These extra doses means Australia will now receive 20 million Pfizer doses in
2021.
• In April 2021, the Australian Government announced purchase of a further 20 million doses
of Pfizer COVID-19 vaccines.
• These doses will be manufactured offshore.
More information about the Pfizer vaccine and how it will be rolled out, is available here.
University of Oxford / AstraZeneca
The Oxford/AstraZeneca vaccine was approved for use in Australia on 16 February 2021 following
the TGA’s rigorous assessment and approval process.
The vaccine is readily available in Australia given 50 million doses are being locally manufactured,
in addition to 3.8 million being secured from overseas.
The key contention with this vaccine is that it is associated with a rare blood clotting side effect
called thrombosis with thrombocytopenia syndrome (TTS). Overall there is a very low chance of
this side effect, but the rate is estimated to be higher in those under 60 years of age.
For this reason, the Australian Technical Advisory Group on Immunisation (ATAGI) recommends
the COVID-19 vaccine by Pfizer (Comirnaty) is preferred in adults aged under 60 years.
Following the recent outbreaks of the Delta variant of COVID-19, the ATAGI has recommended
adults under the age of 60 who do not have immediate access to the Pfizer vaccine should
consider the benefits and risks of earlier protection through the AstraZeneca vaccine.
More information about the AstraZeneca vaccine, including its benefits and risks, is available here.
Moderna Vaccine
On 8 August 2021 the TGA provided provisional approval of the Moderna vaccine for use in
Australian adults.
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Version 6 – 13 August 2021The provisional approval of Moderna’s vaccine means it has met all the TGA’s strict standards of
safety, quality and efficacy for use in people aged 18 years and over to prevent symptomatic and
severe COVID-19.
The approval follows the Australian Government in May securing an order for 25 million Moderna
doses, with the first million expected to arrive in September. Planning is underway for these vaccines
to rollout through approved pharmacies and other providers.
The Moderna vaccine is an mRNA vaccine, the same vaccine type as the Pfizer vaccine. It has been
found to have strong efficacy in preventing symptomatic COVID-19 and severe COVID-19 in clinical
trials, and is being widely used in the United Kingdom, Canada, the European Union, the United
States and Singapore.
The Moderna vaccine will require two doses to be administered 28 days apart.
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