If the work you do needs to be done by a vaccinated worker
If an employer thinks particular work needs to be done only by vaccinated workers, on health and safety grounds, they must first do a COVID-19 exposure risk assessment. This assessment needs to be done in collaboration with workers, unions and other representatives.
A risk assessment will need to consider:
- the likelihood of workers being exposed to COVID-19 while performing the role
- the potential consequences of that — for example, community transmission.
WorkSafe has more detailed guidance on risk assessments.
Existing employment law obligations still apply. This includes:
- making changes to terms and conditions of employment by agreement
- engaging in consultation in good faith
- avoiding unlawful discrimination against workers on the basis of vaccination status
- not taking actions that might unjustifiably disadvantage workers on the basis of vaccination status. (external link)
If you work in a high-risk border or MIQ setting
The Government has introduced a new requirement that all work in MIQ settings must be carried out by people who have been vaccinated against COVID-19.
How to deal with a dispute
If you and your employer disagree about whether particular work needs to be done only by a vaccinated worker, you can access the Early Resolution Service. This offers a free and informal process to try and work through issues.
Your employer must protect your privacy
Your employer can’t share information about your vaccination status with anyone, unless they have your permission to do so, or there’s an exception under the Privacy Act.
You don’t have to tell your employer if you’ve been vaccinated. If you choose not to get vaccinated, you don’t have to tell them why.
If you are in a role that needs to be done only by a vaccinated worker but choose not to disclose your vaccination status, your employer can treat you as unvaccinated, but they’ll have to tell you that’s what they’re doing.