This week, the CPSU NSW approached TAFE NSW following the decision to implement a mandatory vaccination policy for all staff, and not students, as at 31 January 2022.
A recent decision in the Fair Work Commission (FWC) found that a company – BHP – had introduced a mandatory vaccination policy but this policy was unlawful on the basis that BHP failed to consult properly. It is important to note that the Fair Work Commission stated that it was likely, had BHP adhered to its consultation obligations under the Work Health and Safety Act 2011 (NSW) (WHS Act), the mandatory vaccination policy would have been both reasonable and lawful.
Having said that, the CPSU NSW indicated to TAFE NSW that it was not our view that TAFE NSW consultation was proper. We believe that putting out a survey and leaving the feedback period open for a week was an insufficient consultative process, particularly given that the CPSU NSW had to ask for a copy of the risk assessment (which was provided to the union after the consultation process had finished).
In light of the recent FWC decision, TAFE NSW has agreed to re-engage with the CPSU NSW and their staff in relation to the mandatory vaccination policy. It is important that we are afforded the opportunity to ask as many questions concerning the policy as we can, and also that TAFE NSW walk us through their risk assessment and explain to the CPSU NSW how they reached the conclusions that they did.
Once again, it is critical to understand that the FWC stated that it was likely, had BHP consulted properly, that the mandate would have been both reasonable and lawful. In other words, forcing TAFE NSW to go through a proper consultation process under the WHS Act will make them consult, but it does not mean that the outcome will be any different. What does matter is that TAFE NSW follow proper process and do not rush through a policy without first properly consulting with their employees and with the union.
We will keep all members updated following the meeting that we have with TAFE NSW. Of course, if you have any questions or concerns, or have any feedback that you would like us to put to TAFE NSW on your behalf, you can contact the CPSU NSW by calling 1300 772 679.
