Australia’s Fair Work Commission Confirms That a Mandatory Vaccination Policy Can Be Lawful and Reasonable in the Absence of Government Vaccination Mandates

The Australian Fair Work Commission’s recent decision in AMWU and AWU v ASC Pty Ltd t/a Australian Submarine Corporation [2022] FWC 1198 has confirmed that an employer can introduce a mandatory vaccination policy, even in the absence of a public health order requiring mandatory vaccination in respect of the employer’s industry or the location in which the employer operates. However, as our article on this case outlines, in order for the policy to be lawful and reasonable, there are still some thresholds that need to be met.