3 December 2021

Mining giant BHP’s attempt to require all staff at a massive coal mine in the NSW Hunter Valley to be vaccinated against COVID-19 has been rejected by the national industrial tribunal in a blow to private sector jab mandates.

The Fair Work Commission found BHP had failed to properly consult its staff, including by giving them access to data, and therefore could not show that its mandate was reasonable.

[...]

The company said it had attempted to get its workers’ input. For months before mandating vaccines, it circulated information on their benefits and where to book a jab. It announced on August 31 it was considering a vaccine mandate, set up a mailbox for concerns that received hundreds of emails from across the company and corresponded with multiple unions.

[...]

A spokesman for BHP said “the science is clear that vaccination saves lives. BHP supports widespread vaccination as the path forward for the Australian economy.

“We are assessing the implications of the decision and will work with the commission, our people and union representatives to ensure our workplace remains as safe as possible for our people, their families and the community.”