IEU Vaccination Advice
** Updated 22 February 2022**
Staff who received a second vaccination dose before October 25 must have their third (‘booster’) dose by March 25.
Staff who are not yet eligible for their third dose must have it within 3 months and 2 weeks of receiving their second dose.
From the Catholic Schools Operation Guide:
“The Victorian Minister for Health has determined that COVID-19 vaccination is mandatory for staff who work in schools. This includes principals, teachers, administration and education support staff, including casual relief teachers (CRTs), pre-service teachers, and Outside School Hours Care staff.
“All staff are required to have received three doses of a COVID-19 vaccine unless a medical exemption applies… Staff are required to show evidence of their vaccination status.”
PREVIOUS ADVICE:
On 22 September 2021, it was announced that vaccination would be a requirement for staff who work in Victorian schools and early childhood settings. These requirements were further clarified in COVID-19 Mandatory Vaccination Directions (No 5) published on 1 October.
By 18 October, all staff except those with a medical exemption were required either to have received a first dose of the COVID-19 vaccine or to show evidence of a booking to receive their first dose on or before 25 October. All staff (except those with a medical exemption) were required to show evidence that they were fully vaccinated by 29 November.
The IEU has not advocated for this mandatory vaccination policy, but we have consistently encouraged members to protect themselves, their families and their school communities by getting vaccinated against COVID-19.
We recognise the concerns that some staff have about vaccination requirements. These are valid, given that this is unprecedented in our industry. However, these concerns must be balanced against the critical importance of ensuring a safe workplace for all IEU members. Because no vaccine provides complete protection, our collective safety is dependent upon as many staff as possible being vaccinated. A vaccinated workforce is also the best guarantee against further disruptions to schooling arrangements, which we all know from experience take a significant toll on staff and students alike.
We strongly advise any member with concerns about the vaccine to consult their GP. There is an enormous amount of conflicting, confusing and contradictory information and opinion circulating online about vaccinations, but only your doctor can give you informed, expert advice that takes into account your personal circumstances. The IEU can support and represent any member who does have a medical exemption – but the initial advice must come from a medical professional.
Vaccinations alone, crucial as they are, are not enough. We welcome the announcement of additional funding for safety measures being introduced to improve ventilation in Victorian schools, and we will continue to advocate for best practice health and hygiene measures in our workplaces.
The IEU’S primary concern is the health, safety and wellbeing of members. The fastest, safest way out of the pandemic is a high rate of vaccination right across our communities.
Commonly Asked Questions
The IEU will work constructively with employers in our sector to uphold the health and safety of our members and the community to minimise the risks associated with COVID-19 and, as always, advise and represent members about their rights in any dispute.
What about people who can’t safely be vaccinated?
Employers must make reasonable adjustments for members who are immunocompromised and/or who have other conditions which make receiving the vaccine dangerous to their health.
Discrimination Legislation
State and Federal anti-discrimination legislation exist to protect people with a protected attribute from discrimination. Vaccination status is not a protected attribute under the Victorian Equal Opportunity Act (2010) (the Act), if any employee’s reason for not getting vaccinated does not relate to a protected attribute, then it would not be discrimination. Any refusal based upon a ‘political belief or activity’ is unlikely to apply to people who are opposed to an employer vaccination program.
The two protected attributes under the Act that may apply in the context of directed vaccinations are employees that have a medical condition, disability or are pregnant. This may arise because, the vaccine has not been tested on people with their condition or it may have been found dangerous for their condition. Requiring a vaccination for employees in these categories could amount to indirect discrimination. In circumstances where an employee possesses a relevant protected attribute and is unable to be vaccinated, the employer should make reasonable accommodations to their employment. For instance, facilitating working remotely, a requirement to wear a mask or submitting to additional medical testing. If you fall into either of these categories and have concerns that your employer is not making reasonable adjustments, please contact the IEU for advice.
What are the permitted medical exceptions?
There are a very limited number of exceptions for medical reasons. There are no exceptions for religious reasons.
A person has a medical exception and is therefore able to work onsite in the same manner as a vaccinated person, where the person has a certification from a medical practitioner that the person is unable, due to a ‘medical contraindication’ to receive a dose, or a further dose, of a COVID-19vaccine, or due to an acute medical illness including where a person has been diagnosed withCOVID-19.
A medical contraindication is narrowly defined by ATAGI (the Australian Technical Advisory Group on Immunisation) as:
anaphylaxis after a previous dose;
anaphylaxis to any component of the vaccine, including polysorbate or polyethylene glycol;
in relation to AstraZeneca:
history of capillary leak syndrome; or thrombosis with thrombocytopenia occurring after a previous dose;
in relation to Comirnaty (Pfizer) or Spikevax (Moderna):
myocarditis or pericarditis attributed to a previous dose of either Comirnaty or Spikevax; or the occurrence of any other serious adverse event that has been attributed to a previous dose of a COVID-19 vaccine by an experienced immunisation provider or medical specialist (and not attributed to any another identifiable cause); and been reported to State adverse event programs and/or the Therapeutic Goods Administration.
Which medical practitioners can provide these medical exceptions?
A medical practitioner who is eligible to give a certificate that a person has one of these contraindications is limited to the following practitioners:
a general practice registrar on an approved 3GA training placement; or a public health physician; or a general physician; or an infectious disease physician; or a clinical immunologist; or a gynaecologist; or an obstetrician; or a general practitioner who is vocationally registered; or a general practitioner who is a fellow of the Royal Australian College of General Practitioners(RACGP); or a general practitioner who is a fellow of the Australian College of Rural and Remote Medicine(ACRRM)
There are penalties in the Directions for anyone giving false or misleading information or documentation.
What about conscientious objectors?
The Public Health Orders require employees to be vaccinated, our view is that legal challenges, other than on discrimination grounds, will not succeed.
Does this mean the Union won’t help me if I refuse to be vaccinated?
If you object to being vaccinated, the IEU will advise you and, if you have a case, represent you. All cases have to be dealt with on their facts. You should contact the IEU for advice if you think a requirement to be vaccinated would, in your particular circumstances, be discriminatory or compromise your welfare. Be aware though that, In the absence of any specific health or discrimination grounds, it is extremely unlikely you will have grounds to pursue a case.
Can my employer make employees take the vaccine?
No, but from 18 October 2021 they can refuse to let you attend the workplace if:
· You have not received any COVID-19 vaccine doses and have not made an appointment to receive a dose before 25 October 2021 or
· You have not provided information regarding their vaccination status as set out above, including if you have not provided evidence that a medical exception applies.
The deadline for a second dose is by 29 November 2021
Who does the vaccine direction apply to?
· Any employees who are employed by an operator of an educational facility who work in a school, childcare or early education service or outside school hours care service (i.e. teachers, early childhood educators, educational support staff);
· Contractors working onsite in close proximity to children, students or employees whether engaged by a school, childcare or early childhood education service or outside school hours care service (i.e. casual relief teachers, Breakfast Club suppliers, IT personnel, NDIS providers, auditors (but not delivery personnel);
· employees of any other entity who attend school, childcare or early childhood education service or outside school hours care service sites;
· volunteers attending on site working in close proximity to children, students or employees (such as parent helpers); and
· students on placements.
Does an employer have to consult when implementing a vaccination policy?
Yes. Under occupational health and safety laws, employers also have to consult with employees, the Union and their health and safety representatives (HSRs) about measures to address risks. This includes any consideration of a new policy about coronavirus vaccinations.
Do employees have a right to be paid for the time to get vaccinated?
There is currently no absolute right to paid time off to get vaccinated, but many employers have agreed to it and we are continuing to campaign employers.
Can employees take paid time off if they feel unwell after being vaccinated?
Employees can use paid sick leave if they can't work because they’re unwell after being vaccinated. You may need to provide “evidence that will satisfy a reasonable person”.
What if I’m pregnant or planning pregnancy?
Women who are pregnant or planning pregnancy should consult their medical providers about coronavirus vaccination. On current advice it seems unlikely that challenging a requirement to be vaccinated on the grounds of pregnancy alone would succeed.
Can an employee refuse to attend work if a co-worker isn’t vaccinated?
Generally, no. Any refusal by an employee to come to work may be considered unlawful unless it is based on a “reasonable concern …. about an imminent risk to his/her health or safety”. “Imminent risk” is a pretty high bar: you would have to have firm grounds to believe that the unvaccinated employee was likely to be Covid-positive and, even then, you would have to comply with any reasonable request to perform other available work.
Can an employer direct me to attend a coronavirus test?
Yes, provided the employer gives you time to attend and to isolate until you get the result. The direction needs only to be “lawful and reasonable”. If there is no loss to you, then the requirement will be “lawful and reasonable”. However, if they do not give you time to do it, or expect to deduct leave for the isolation time, it may be “unreasonable”. One factor is that a direction to be tested is more likely to be lawful and reasonable if you show symptoms or work in a workplace like a school where you are in close proximity to students and colleagues.
Can an employer require me to show whether I have been vaccinated?
Yes.
All employees who work in schools will be required to provide vaccination information about their vaccination status. Vaccination information may be recorded in a variety of documents, such as a letter from a medical practitioner, a certificate of immunisation or an immunisation history statement obtained from the Australian Immunisation Register. This information will be visible to a restricted number of leaders and direct managers, to confirm and enable compliance with the public health direction.