Wearing of Fitted Face Masks in Greater Sydney Region, Central Coast and Wollongong, and ER Code Requirements

08 Jan 2021

Members will be aware that commencing at midnight on Sunday 3^rd January, 2021 a new Public Health Order came into effect surrounding the wearing of “face coverings” in certain premises. Whilst the news reports concentrated on hospitality venues inclusive of shopping centers, hairdressing salons and tanning salons, members should be aware that the Public Health Order covers many more venues and in our view will apply to many of our members.

The Public Health Order states

“The Minister directs that a person must wear a fitted face covering at all times when the person is in an indoor area in any of the following premises, or part of premises, in Greater Sydney –

Retail premises, or business premises, that provide goods or services to members of the public who attended the premises, including the following..”

This means for any member who has a premises, such as the reception area in which members of the public enter, those persons who enter should be wearing a fitted face covering. In addition, any employees of the business working in this area are required to wear a fitted face covering. This requirement does not apply to children under the age of 12 or persons with a physical or mental health condition that makes wearing a fitted face covering unsuitable.

What does this mean for Members:

Can a Member refuse entry to a person who attends their premises and is not wearing a fitted face covering? Whilst the public health order is directed to individuals not businesses, we at MTA NSW are of the view that in this event, a member may indeed refuse entry to their premises if a member of the public is not wearing a face covering. Alternatively, you may wish to provide a face covering or ask the customer to wait outside the designated premises.
Do the requirement for wearing of face coverings apply to staff. In the view of MTA NSW, any and all employees of members who are working in an indoor area where goods or services are provided to members of the public, who attend the premises, must wear a fitted face covering.

In addition, Members should be aware that the recent amendment to the public health order (No 7) requiring hospitality and other like venues to install and operate the NSW government QR code does not apply to members.

If you have any further questions or queries then please contact the ER Team on
P: (02) 90169000 or at E: eradvice@mtansw.com.au

Yours faithfully,

Employment Relations Department
Motor Traders’ Association of NSW
P: 02 9016 9000
E:eradvice@mtansw.com.au
W:www.mtansw.com.au
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