The Fair Work Commission has ruled BHP’s all-staff COVID vaccine mandate is unlawful.

The CFMEU took legal action on behalf of a group of workers at the mining giant’s Mt Arthur coal mine in NSW, after they were stood down for failing to provide evidence of their vaccination status.

The Commission found BHP had failed to properly consult its staff before introducing the mandate, which included workers not covered by the government’s mandated policy.

Workplace relations partner at Clayton Utz, Saul Harben told Oliver Peterson the case should prompt other companies to ensure an appropriate consultation process was undertaken.