Reply To: Employee suing supermarket for masks

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Hue Man

So it’s taken some patience and some back’n’forth, but I’ve managed to get the legal basis for my employers claim that mask requirements at work are lawful in writing.
This came in response to an enquiry I emailed to the companies legal department, asking for the precise law used to enact these requirements. My email to them also fully informed the legal team of Sections 8.1 and 8.2c of the Biosecurity Act 2015 and how it’s intention is obviously to ONLY allow the requirement of masks for the purposes of disease management under the provisions of this act – which means after an order has been issued.
Their legal justification is as follows; “Section 8 of that Act deals with the concurrent operation of laws (eg federal and state laws), not whether rights under contracts and enterprise agreements can still be enforced”. I somewhat agree, as the companies mask requirements are not within any Australian law and therefore are not relevant to Section 8, as it refers to every other provision of every act in the country – making their mask requirements unlawful.
They also basically claimed that an employee contract (signed years ago) allowed for this and that this tied into policies and agreements made by the company.
What they can not provide is any law which gives such agreements, policies and contracts authority in this circumstance.
Am I asking the wrong questions? Does the company not need the law to authorise it’s policies, agreements and contracts in such a manner?
Any input is appreciated, thank you in advance and particularly to Terrence T.

  • This reply was modified 1 year, 9 months ago by Hue Man.
  • This reply was modified 1 year, 9 months ago by Hue Man.