D-Day for unvaccinated at BHP sites

Workers without proof of COVID-19 vaccination will be barred from BHP workplaces from today after a union Fair Work Commission challenge on the requirement failed. The company said today almost 90 per cent of its Queensland employees had provided proof of vaccination and it expected that number to continue to rise. "Workers who have not provided proof of their vaccination will be unable to access site and their employment will be reviewed," a BHP spokesman said. "This process may include disciplinary action being taken, up to and including termination of employment." He said the requirement for COVID-19 vaccination as a condition of entry to workplaces for all workers and visitors came into effect following months of consultation with the workforce. And the Fair Work Commission on January 21 confirmed that the site access requirement for BHP's Queensland coal operations was a lawful and reasonable direction, having regard to the Privacy Act and the right to bodily integrity. Legal options for sacked workers 'very limited' Mining and Energy Union Queensland president Stephen Smyth said the union had urged BHP to extend the deadline on vaccination. But the company, which employs 11,000 workers across its Queensland coal mines, had refused. Mr Smyth said BHP’s policy covered all direct employees and contractors on BHP sites. He warned that legal options to challenge sackings would be very limited. “We disagree with BHP’s policy and we have challenged it in court, but the court has ruled that it is lawful," he said. "That is the current situation whether we like it or not. "We will support any members who are stood down and possibly terminated but reinstatement is unlikely for workers who receive a ‘show cause’ letter and don’t comply with the site access requirement to be vaccinated against COVID-19 as determined by the FWC." Mr Smyth said the union position on the vaccination mandate was clear. "There is no public health order in Queensland requiring compulsory vaccination for mineworkers and we don’t believe mining companies should impose them unilaterally," Mr Smyth said. “It’s heavy-handed when there is a broad range of measures needed to control the spread of Covid in workplaces, including social distancing, testing, PPE and hygiene. Unfortunately, many of these measures have fallen by the wayside and the regulator is not enforcing them. “We have encouraged our members to get vaccinated and discuss any medical concerns with their doctor. But mineworkers should not lose their jobs if they are not ready to get vaccinated or don’t want to share their vaccination status with BHP.” Mining and Energy Union Queensland president Stephen Smyth. The BHP spokesman said vaccination was an emotive topic inside and outside the company's gates. "We continue to provide support to our people as we implement this important safety requirement," he said. "Along with the requirement for vaccination as a condition of entry, we are increasing our controls to protect our workplaces, workers and communities while we continue to operate safely." He said the company was increasing the use of Rapid Antigen Testing - with a negative result required prior to entering any BHP/BMA workplace across Queensland. Workers from South East Queensland travelling up to Bowen Basin coal operations were tested at Brisbane airport before departure, the spokesman said. "We continue to provide masks, sanitiser and ensure social distancing as we go above guidance in managing the pandemic," he said.

D-Day for unvaccinated at BHP sites

Industry Queensland

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