With the government urging Aussies daily to get vaccinated so the country can open up for business again, mandatory vaccinations and vaccine passports could have certain legal ramifications for retailers.
A national member survey from the Australian Retailers Association (ARA) shows 67 per cent of businesses believe Covid vaccines should be mandatory for frontline retail staff, allowing for government approved exemptions, but 76 per cent would not mandate the vaccine in the current environment while there are legal ambiguities.
ARA CEO Paul Zahra says whilst retailers support vaccinations as Australia’s ticket to freedom, it is reckless to leave it to individual businesses to navigate the legal minefield of mandatory vaccinations.
“The ARA is strongly campaigning for the vaccination of as many Australians as possible,” he reiterates.
“We need to power through to the 70 and 80 per cent vaccination marks to trigger more freedoms for citizens and put an end to the lockdowns that are decimating so many businesses and livelihoods.
“However, the issue of mandatory vaccinations for certain workforce cohorts is complex. Unfortunately, the Federal Government has left this decision in the hands of employers and this comes with great risk. Understandably, 76 per cent of ARA members are not willing to make jabs compulsory without any legal protections in place.
“The ARA holds that vaccine passports are not appropriate for general retail, where they would interfere with Australian’s rights to access basic living essentials. To add to this, vaccine passports are another legally challenged area. The resources required to introduce store checking requirements and respond to customer enquiries and potential customer abuse resulting from the introduction of this measure adds a layer of distress to a retail workforce, which is already struggling under the burden of Covid compliance demands.”
The latest rounds of lockdowns have resulted in July sales falling 2.7 per cent compared to the previous month and dropping 3.1 per cent compared to the same time last year, according to the Australian Bureau of Statistics (ABS).
Zahra says the lockdowns are taking a heavy toll on small businesses in particular and the impacts are likely to be felt for many more months.
“Businesses have been left reeling from the Delta devastation and the ABS figures confirm the severity of the lockdowns and the impacts they have on retail spending.
“Consumer and business confidence has been shattered by the recent outbreaks in multiple states and the state and federal supports just haven’t been enough to save a number of businesses from closing their doors permanently.
“Many businesses in lockdown affected states are on the brink of financial, emotional and mental health collapse. Our greatest current priority is giving Australians and the retail workforce access to vaccinations. Only then can we see a staged reopening of society as vaccination rates improve so these businesses can thrive once again,” he adds.
National Retail Association (NRA) CEO Dominique Lamb says that the overwhelming majority of Australians already understand the urgency of the situation and in recent weeks have rolled up their sleeves to end lockdowns.
“Vaccinations are undoubtedly the most effective avenue to end lockdowns and we strongly urge all Australians to roll up their sleeves if they haven’t already,” she says.
“Throughout this pandemic retailers have gone above and beyond to provide safe workplaces for both shoppers and employees.”
However, vaccine passports are not the straightforward solution some believe them to be. There are obviously issues around privacy and discrimination where the NRA believes the current laws are not adequate.
“A big unintended consequence of a vaccine passport is it will spur customer abuse. Everyone will recall scenes from last year when retail staff were subjected to horrific abuse from frustrated customers. Similar incidents would no doubt occur from customers either unwilling to comply or who don’t possess proof of being vaccinated when entering a store.
“We also don’t know enough about how vaccines will operate post-lockdowns. Will people need to receive a booster shot each year and provide proof? Will new vaccines need to be developed to combat new strains of Covid?
“By the time the necessary legislation and technology is implemented, Australia would almost certainly be above the 80 per cent vaccination rate recommended to ease restrictions.”
