BHP's Vaccine Mandate for Australian Coal Mine Workers Ruled Unlawful
03 December 2021 - 9:04PM
Dow Jones News
By Stuart Condie
SYDNEY--BHP Group's attempt to make Covid-19 vaccines mandatory
for workers at an Australian coal mine has been ruled unlawful by
the country's industrial relations tribunal because of the way it
was implemented.
The global mining giant had sought to deny workers' access to
the Mt. Arthur mine in New South Wales state if they could not
prove their vaccination status. Australia's Fair Work Commission on
Friday ruled the action didn't comply with the workers' enterprise
agreement.
The commission acknowledged that employers face a difficult task
in managing risks for workers but found that BHP had not properly
consulted with employees. The commission said it might have ruled
in BHP's favor "had the respondent consulted the employees in
accordance with its consultation obligations".
BHP had wanted all workers at the mine to have received at least
a single does of a Covid-19 vaccine by Nov. 10, and to be fully
vaccinated by Jan. 31.
The commission left open the possibility for BHP to consult with
workers before addressing the vaccine mandate issue again.
"Any subsequent dispute will need to be determined having regard
to the particular circumstances at the time," it said.
BHP didn't immediately respond to a request for comment.
Write to Stuart Condie at stuart.condie@wsj.com
(END) Dow Jones Newswires
December 03, 2021 04:49 ET (09:49 GMT)
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