← Back to bills
🔱 SenateBefore Parliament3 readingsAmendments circulated
Fair Work Amendment (Prohibiting COVID-19 Vaccine Discrimination) 2023
✦ Plain-English Summary
# Fair Work Amendment (Prohibiting COVID-19 Vaccine Discrimination) Bill 2023
## What it does
This bill adds COVID-19 vaccination status to the list of things employers legally cannot discriminate against when hiring, firing, or treating workers. It treats vaccine status the same way the Fair Work Act already treats discrimination based on race, gender, disability, or religion.
## Why it matters
If passed, workers could take legal action against their employer if they're fired, denied a job, or treated unfairly because of whether they're vaccinated against COVID-19. This creates a new protected category under Australian employment law.
## Key details
- **What's covered**: The changes apply across multiple sections of the Fair Work Act—covering hiring decisions, unfair dismissal claims, general protections, and dispute resolution processes
- **Commencement**: The law would start the day after it receives Royal Assent (the Governor-General's formal approval)
- **Definition**: "COVID-19 vaccination status" includes whether someone is vaccinated and to what extent (partly or fully vaccinated, boosted, etc.)
- **Scope limitation**: Employers can still take action against workers for other legitimate reasons—the ban only applies to decisions based *because of* vaccine status
**Status**: Currently before the Senate. This is an early-stage bill from three crossbench senators, so it hasn't been debated or voted on yet.
Official Description
Amends the Fair Work Act 2009 to add COVID-19 vaccination status as an attribute protected from discrimination.
Committee Referrals
Senate Education and Employment Legislation Committee
Audit History
Introduced
8 Feb 2023
Last updated on APH
10 Apr 2026
Last checked by Crossbench
today
Next review
in 1 weeks
Full text indexed
today