It’s time for the Fair Work Commission to admit they were wrong.
In a prior round of estimates I asked the Fair Work Commission why there are double standards in regard to the treatment of Commissioners.
Lyndall Dean was banned from hearing rulings in vaccine mandates because she liked a linked in post critical of the government lockdowns.
Ingrid Asbury was overheard after a phone call meeting with people impacted by mandates saying she wouldn’t let her grandchildren near the unvaccinated.
In my opinion this isn’t just discrimination, it’s blatant ignorance as the vaccine didn’t stop people from spreading Covid.
Now that the Covid report has admitted that the Government handling was over the top, (I’m being polite here – it was cruel and inhumane) is the FWC going to allow Lyndall Dean to hear cases about vaccine mandates?
After all she was the only commissioner who actually did her job in standing up for the rights of the individual by defending their right to decide their health choices.
Well done Commissioner Dean.
Education and Employment Legislation Committee
02/05/2023
COVID-19 Vaccination Status (Prevention of Discrimination) Bill 2022 and Fair Work Amendment (Prohibiting COVID-19 Vaccine Discrimination) Bill 2023
Senator RENNICK: I’ll take that. Mr Furlong, I notice you say, ‘The Fair Work Act contains various provisions to ensure members of the tribunal can make their decisions independently.’ Yet again, I dispute that because a Fair Work commissioner, Lyndall Dean, was prevented from hearing cases on vaccines, but, on the other hand, Vice-President Asbury, who is recorded as saying she wouldn’t let her grandchildren anywhere near an unvaccinated person, has been promoted. Why is the Fair Work Commission—or the organisation, or whoever is involved—seen to reward Vice-President Ashbury for having prejudicial views towards unvaccinated people, yet Fair Work commissioner Lyndall Dean has been discriminated against because of a decision where she said people shouldn’t be vaccinated in the workplace? There seem to be double standards here, and it seems to contradict your words here that ‘members of the tribunal can make their decisions independently’. There seems to be a lot of pressure put on commissioners to actually support vaccination.
Mr Furlong: I don’t accept the accuracy of the statement you just made there. In terms of the issue raised about Deputy President Dean, we’ve traversed this a number of times at Senate estimates. All the information is on the public record now. I direct you to QON EECSBE21-045, which provides, in significant detail, the details of the correspondence from the president in relation to this matter.
Senator RENNICK: But that contradicts your statement here; that’s my point. That contradicts your statement here.
Mr Furlong: No, it doesn’t. The Fair Work Act provides for a member code of conduct to be established. The member—
Senator RENNICK: So liking a post is somehow against the code of conduct, is it? If Vice-President Asbury can make discriminatory remarks against the unvaccinated and Fair Work commissioner Dean can’t—Vice-President Asbury’s comments were much more discriminatory and prejudicial than Dean’s were.
Mr Furlong: The member code of conduct, that I started to explain, is a voluntary guide to assist members in their conduct in their office. It is made in consultation with members, and it provides guidance to members about their conduct in relation to the way they discharge their functions. It’s a public document and it’s available on our website.
Senator RENNICK: Was Vice-President Asbury reprimanded for her discriminatory comments?
Mr Furlong: If someone has an issue in relation to the conduct of a member, there is information on our website that can assist those aggrieved people to make a complaint about the member. I am not aware of the comments you’re referring to, so I can’t talk to them.
Senator RENNICK: Okay.
