On Tuesday, Newcastle-based Fair Work Commission Deputy President Tony Saunders declined a union injunction to stop BHP until a full bench decision expected by about December 10 after hearings on November 24-25.

BHP has confirmed sending stand-down letters to about 80 of the 980 people employed directly at the mine. It says the 1000 people on site working for contractors must also be fully vaccinated.

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It says Thiess has sent letters to at least 20 of its people but could not provide figures for other labour hire firms.

BHP introduced Rapid Antigen Tests and began an in-house vaccination drive in August, but Deputy President Saunders said BHP had some "serious questions" to answer about its consultation before the stand-down notices were sent.

Even though there had been no COVID cases on site, unvaccinated workers "increased the risk".

Even if this risk was "small", the consequences could be "very serious", including "serious illness and death".

The Australian Industry Group says the Fair Work Commission invited it to join the case, which it says is about a company's right to manage as it saw fit.

"Ultimately it is the company that is responsible for health and safety and faces the reputational, regulatory and financial consequences if it fails to do so," IAG chief executive Innes Willox said.

One of stood-down employees said he was "pro-choice, not anti-vax", but would not be vaccinated and would accept the consequences, including losing a job paying $160,000 a year.

The federal government has repeatedly said Australia would not have forced vaccination.

However, the use of other measures, such as vaccination certificates to enter many venues, act to "encourage" people to be vaccinated.

In the same way, employer demands for proof of vaccination give people no choice if they want to keep their jobs.

A spokesperson for BHP said some employees sent stand-down orders had responded with proof of vaccination and BHP's number was now down to under 50.

"Widespread vaccination saves lives," the spokesperson said.

He said BHP did a thorough assessment before making vaccination a condition of entry to Australian workplaces, confirming Mount Arthur was not the only site involved.

"This is a necessary health and safety control to help protect our people, their families and communities - including remote Indigenous communities - while continuing to safely run our operations.

"We will continue to work with our people as we implement this change and we have plans in place to manage the transition."

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In the Fair Work Commission on Tuesday, the union said BHP's vaccine-related site access requirements were not "a lawful and reasonable direction".

Deputy President Saunders said that claim would be "arbitrated" later this month by a commission full bench.

DP Saunders said although it was "not express in the words" used by the union, it was "made clear" it was seeking to permit unvaccinated employees to work at Mount Arthur.

The union's northern mining and energy NSW president, Peter Jordan, called BHP's actions "heavy-handed" and said the decision to deny interim orders was "disappointing and unfair".

Those targeted had been stood down without pay and were now threatened with dismissal.

"We maintain our strong view that industry-based vaccine mandates are a matter for government based on public health advice, not individual employers," Mr Jordan said.

"The NSW Government does not consider mandatory vaccinations necessary in the mining industry."

Union peak body the ACTU said it supported vaccination but companies should work with their employees and unions, not force mandates without consultation.

The ACTU is also understood to be lodging a submission in the Fair Work full bench hearing.

Qantas, which has also announced a policy requiring vaccinated staff, said it was aware of the case but was not formally intervening

The unvaccinated worker said he had nothing against vaccination and had been vaccinated against various diseases.

He said his own research had convinced him to stay away from the COVID shot.

"I am in favour of people making their own choices, that's the main issue here," he said.

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