I’d like to start my comments by reminding you that the overarching object of the Fair Work Act, which was introduced by the Labor Government in 2009, is “to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians” by, among other things, “providing workplace relations laws that are fair to working Australians, are flexible for businesses, promote productivity and economic growth for Australia’s future economic prosperity and take into account Australia’s international labour obligations.”
I acknowledge the contribution on this subject by Senator Hanson through her COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2022 and Senator Roberts’ proposed amendments to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 to make it illegal for an employer to sack or to not employ someone based on their COVID vaccine status.
I feel so strongly about workers’ rights that I crossed the floor. I believe every person has a fundamental right to work for a living. Vaccine mandates take away that right without good reason. Mandates did not work. Last year Australia had more than 10 million coronavirus cases with more than 90 per cent of the population vaccinated.
The vaccine may have helped older Australians and the vulnerable but there was never any evidence that it stopped transmission. Indeed, Pfizer has admitted to the European Parliament that it did not test whether the vaccine stopped transmission.
And if the vaccine did not stop transmission there was never any justification to force others to get it. We used to live in a free country, but our freedoms were overridden by fear because of COVID.
Today I introduce the Fair Work Amendment (Prohibiting COVID-19 Vaccine Discrimination) Bill 2023. My intention in introducing this legislation is to protect those employees who choose not to receive a COVID-19 vaccination and acknowledge those thousands of people who lost their jobs when this was made a condition of their ongoing employment.
Getting vaccinated ‘to protect others’ was the justification used by many businesses to roll out vaccine mandates that saw thousands of people lose their jobs, livelihoods, and careers. People were coerced into receiving COVID vaccinations and boosters as a condition of keeping their job. This Bill seeks to remove the capacity of all employers in the public and private sectors from sacking people because they refuse to get a vaccine that does not stop infection or transmission.
This Bill explicitly provides that “COVID-19 vaccination status” cannot be used by an employer to take ‘adverse action’ against an employee or prospective employee. Such ‘adverse action’ includes not hiring a prospective employee, dismissing an employee, and altering the position of the employee to the employee’s prejudice.
Employees must be able to maintain their basic and individual rights to choose to get a vaccine or not.
But unfortunately for many employees, Australian governments, and large corporations in their efforts to manage the COVID-19 pandemic, directly threatened, compromised, and attacked these rights—by sacking people from their jobs—on the basis of an imposed condition of employment retrospectively applied.
There are heartbreaking stories of long-serving and highly qualified nurses, teachers, police, ambulance, emergency services officers (even SES volunteers), childcare workers, aged care workers, disability care workers, hospitality workers, pilots, and flight attendants—all being turned away, stood down, asked to show cause why they should keep their job and ultimately sacked—because they refused a mandated vaccine.
There is mounting evidence that these vaccines are largely ineffective at preventing infection or transmission, and the incidence of adverse health impacts from these vaccines (particularly in children, young people and healthy under 50s) far outweighs the number of adverse impacts associated with other disease-eradicating, illness-preventing vaccines that have been safely used in Australia for decades.
In addition to the impact on these peoples’ livelihoods, instead of safer communities and functioning workplaces, we have suffered critical skills shortages in critical sectors like health, education, retail and hospitality, police and emergency services.
I don’t disagree that we need to protect the vulnerable and there are plenty of examples where vaccines have been, and continue to be, an inherent requirement of the position. Examples like the flu vaccine for staff and visitors in aged care facilities; diphtheria, tetanus and whooping cough in health clinics, hospitals, and childcare centres; and Hepatitis A and B for police and ambulance officers. Protecting themselves and the vulnerable people they serve and support.
Over many years, more and more vaccines have been safely developed and administered that prevent childhood diseases like measles, mumps, rubella, chickenpox, and meningococcal infections.
Many of you would have travelled overseas and been required to be vaccinated against diseases like cholera, typhoid and yellow fever in order to enter certain countries.
With most restrictions on free movement lifted, there is a collective feeling in Australia that the COVID-19 pandemic is effectively over.
It’s not over for the many thousands of Australians who remain locked out of their jobs by COVID-19 vaccine mandates.
Public sector bureaucracies (most notably state health and education systems) continue to pursue sanctions and penalties against workers who did not obey vaccine mandates—in some cases despite the fact the mandates in question have been lifted. I am sure Gladstone would take some obstetricians right now even if they were unvaccinated.
Mandates are also still in effect across parts of the private sector. Major retail chains have vaccine mandates. BHP continues to enforce vaccine mandates in our region, although it has recently been reported that they are finally considering reversing this policy.
There is absolutely no evidence for the continuation of vaccine mandates.
This vaccine mandate madness protects no-one’s health because it has been demonstrated beyond doubt the mandated COVID-19 vaccines are not preventing transmission or infection.
We must defend and protect individual’s human and workers’ rights.
Businesses are ignoring the evidence against unjustified vaccine mandates. A clear message needs to be sent that unreasonable directions that infringe on workers’ rights have no place in Australian workplaces.
Any business that sacks someone for not getting a coronavirus vaccine now should be guilty of unfair dismissal.
This Bill seeks to reinforce workers’ rights to refuse a workplace direction where it is not a reasonable and justified requirement of the job. It leaves no doubt for employees and employers that vaccine mandates must not be in place unless it is an inherent requirement of the position they hold and the tasks they undertake in that position.
I commend this Bill to you.
