BHP said in a statement on Saturday it had completed consultation with workers as requested by the Fair Work Commission earlier this month, and a statement published late Friday by the FWC recognised "that employees can be directed to comply with a vaccination requirement as a condition of site entry".

The FWC had ruled the Mount Arthur entry-requirement was neither lawful nor reasonable earlier this month, but BHP said consultation had been the issue - not the conditions of the policy.

It subsequently carried out consultation and has committed to maintaining the policy.

"We welcome the statement from the Fair Work Commission that provides clarity around our vaccination policy," a BHP spokesperson said.

"The Fair Work Commission recognised that vaccination is the most effective and efficient control available to combat the risks posed by COVID-19 and that employees can be directed to comply with a vaccination requirement as a condition of site entry.

"Mt Arthur has completed consultation and every employee and health and safety representative received an opportunity to contribute to that process in a way that meant their contribution would be considered in making a decision.

"Vaccination is now a requirement of entry to Mt Arthur to help keep our workplace, workforce and the community safe."

The CFMEU brought a case against the mine owner after BHP announced the no-vax, no-entry policy in October.

About 80 of the mine's 2000-odd workers were stood down without pay and threatened with termination in November after failing to provide proof of vaccination.

By early December, only about 35 workers remained stood down from the mine.

BHP will now issue a directive to comply to the remaining unvaccinated workers stood down from the mine, and ultimately show cause notices, and they will have a short period to respond.

If they do not comply, their employment will cease.

The CFMEU has been approached for comment.

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