Business Risks for Vaccination Mandates

Fair Work Actions

On Friday 3 September 2021, Advocate Me, as paid agent, filed submissions in the Fair Work commission to have certain questions escalated to the Full Federal Court.

The questions we seek to escalate are significant questions that all employers should consider before mandating vaccinations, and go to the root issue of whether or not such mandates are lawful or reasonable.

The questions of law are as follows:​

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The case is in relation to a brave paramedic whose employment has been terminated due to the policy of the employer that goes beyond the Government mandates. In the Government Mandate, being the WA Direction, an exemption was provided for paramedics to attend Residential Aged Care Facilities. The Employer distorted that direction alleging that there are four classifications of emergencies, and then; sought to instead rely on St John Ambulance Vaccination Policy to back up his argument that Occupational Health & Safety requirements allow them to mandate the influenza vaccination.

 

Our brave paramedic has given us permission to share the submissions with a view to assist the Australian public with their individual fights against their employers, and signal to all the employers that it is simply unlawful and unreasonable to mandate any medical interventions including vaccinations. The submissions are linked here: While the example in this case applies in Western Australia, it is equally applicable to all other States and Territories in Australia.

 

Outside of this present case; we also believe that delegated ministerial orders, have no power to mandate vaccinations either, as the federal Biosecurity Act 2015, has very strict conditions around imposing any medical treatment, and retains and protects the right of informed consent.

However, where employers go beyond Government Mandates and take the law into their own hands, we say that medical interventions are not covered within the scope of the Occupational Health & Safety (OHS) legislation and regulations, and/or Work Health and Safety (WHS) legislation and regulations, and the enterprise agreements and/or awards; nor can it constitute legitimate contractual expectation.

There has been a lot of confusion caused to the public involved by the inadequate - and often patronising - advice provided by Safe Work Australia, Worksafe in each respective State and Territory, the Fair Work Ombudsman and other lobby and union groups. It is shameful that their advice does not refer to any actual powers, and more specifically, sections in the legislation and/or regulations that might allow employers to mandate medical interventions.

 

Put simply, those sections and regulations don’t exist, because the upper limit of any measure allowed under the respective OHS and WHS frameworks to hazards, including biohazards, are physical engineering controls such as PPE and the like.

 

The matter for referring the questions of law to the Full Federal Court was set before Vice President Hatcher of the Fair Work Commission on 24 September 2021.

 

We followed up with further written submissions on 23 September 2021 that clearly solidify our powerful position. The further submissions are linked here.

 

They conclude as follows: 

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It is no surprise that Vice President Hatcher was highly resistant to escalating these critical questions of law at this early stage of the proceedings. We were horrified to hear Vice President Hatcher express his views, during the course of the proceedings on Friday 24 September 2021, that employers can mandate vaccinations absent any legislative powers to do so, contrary to the principle of legality. Serene, representing the Applicant, objected fiercely to any such suggestions. It was also, absurdly, suggested that employers don’t even need to rely on the OH&S legislation to mandate the vaccinations.

 

It has become evident to us that many professionals such as Commissioners, Heads of Commissions, Judges and other bureaucratic organisations are not applying the laws and are using their personal dogmas to justify their fascist positions that both employers and Governments alike can do what they want in the name of an emergency. This is medical apartheid and eugenics in action.

 

We were heartened to see Deputy President Dean challenge Vice President Hatcher and Commissioner Riordan in her reasons for decisions on a matter similar to our paramedic's that was released shortly afterwards, on the 27 September 2021.

 

We provide a link to the decision here and you can find her remarks from PART 2 on page 40.

Further to this, our client’s research indicates, that the success of the influenza vaccine varies from 10%-60%, based on different studies, and in one study the reduction of infectivity in persons receiving the influenza vaccine was only 0.4% less than those who did not.

 

We also believe the employer failed to comply with their own policy that they would “consider...a range of factors to determine the level of risk and options to manage the risk to personnel and the public”.

 

In particular, the employer failed to address the employee’s questions about the safety or efficacy of the influenza vaccine, and whether or not they would accept liability for any adverse reactions of the vaccination. The employer also failed to show why they accept personal and protective equipment (PPE) as adequate control measures for other infectious disease and for staff with medical exemptions, but not for conscientious objectors.

 

Furthermore, the Cochrane Review states “there is no evidence that the influenza vaccination reduces hospitalisations or time off work”.

 

Despite the lack of utility of the influenza vaccinations, and now the health dangers associated with the COVID-19 vaccinations, it is incomprehensible that both the law and science are being dismissed in the name of these medical apartheid agendas.

 

We have set out a step-by-step approach to assist you if you find yourself attacked by your Employer and coerced to take any vaccination.

 

  1. Download, personalise then send the covid-19 vaccination declination letter

  2. Make a complaint with Human Rights Advocates Australia

  3. Join the National Class Action 

 

In addition to these steps, we urge you to provide a copy of the information on this page, the links to our submissions, any further submissions and the decision of Deputy President Dean to your employer for their education.

 

Furthermore, we have promulgated a Business Risk Register that may assist Employers understand that they are exposing themselves to liability directly from their employees, for threatening them to take the COVID-19 vaccinations and other vaccinations.

 

Serene Teffaha and her team are happy to assist you with your Fair Work Claims through her trained teams at Human Rights Advocates Australia. So if you would like to explore the options at Fair Work Commission and/or the Industrial Relations Commissions then please place a complaint through www.humanrightsadvocates.com.au/complaints and they will best direct the claim.