The FDA admitted from the start that the Covid vaccine didn’t stop transmission.
Why did politicians, employers and the media lie about this?
“I want to talk about a couple of decisions made by the fair work commissioners, whereby they have ruled that the COVID-19 vaccines are safe and effective. They’ve ruled that in the CFMMEU v Mt Arthur Coal case.
I’d also like to raise the issue of the Coopers Brewery case, where Fair Work Commission Deputy President Colman basically said that we can rely on the ATAGI advice because:
… ATAGI is an expert body whose role is to provide evidence-based advice on the administration of vaccines to the Commonwealth … ATAGI’s status as an expert body that provides advice to government and the public cannot seriously be doubted and indeed the applicants did not seek to impugn that status.
ATAGI came out a number of times and said, initially, that the vaccines did stop transmission and were safe and effective.
The evidence from the FDA—as early as December 2020 they are on record saying that there is not enough data available to make a determination about how long the vaccine will provide protection, nor is there evidence that the vaccine prevents transmission of SARS-CoV from person to person. That was on record in December 2020.
My question to you is this. These rulings made by the Fair Work Commission are clearly wrong. They’ve relied on misinformation or whatever. I accept that they were probably taking the advice of ATAGI. What rights do these people who’ve lost cases based on this incorrect information have in terms of getting recourse to their unjust decisions………..can appeal that decision? I just wanted to know.
Mr Furlong: Yes, and there’s a decision that is issued. I haven’t checked it recently, but while we were dealing with a lot of these cases, there was a section on our website that provided information around those decisions. But, if a party to those decisions is unhappy, then there are appeal rights as well.”
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Unfortunately the answer isn’t complete.
Employees can only appeal the decision within 21 days of the decision being handed down.
Yet again however, it has to be said the stupidity and callousness of the Fairwork Commissioners is breathtaking.
The FDA said very early on the vaccines never stopped transmission, yet here in Australia both politicians and employers used that lie to take away peoples jobs.
Disgraceful.
Committee on 15/02/2023
Education and Employment Legislation Committee
Senator RENNICK: I want to talk about a couple of decisions made by the fair work commissioners, whereby they have ruled that the COVID-19 vaccines are safe and effective. They’ve ruled that in the CFMMEU v Mt Arthur Coal case. I’d also like to raise the issue of the Coopers Brewery case, where Fair Work Commission Deputy President Colman basically said that we can rely on the ATAGI advice because:
… ATAGI is an expert body whose role is to provide evidence-based advice on the administration of vaccines to the Commonwealth … ATAGI’s status as an expert body that provides advice to government and the public cannot seriously be doubted and indeed the applicants did not seek to impugn that status.
ATAGI came out a number of times and said, initially, that the vaccines did stop transmission and were safe and effective. The evidence from the FDA—as early as December 2020 they are on record saying that there is not enough data available to make a determination about how long the vaccine will provide protection, nor is there evidence that the vaccine prevents transmission of SARS-CoV from person to person. That was on record in December 2020.
My question to you is this. These rulings made by the Fair Work Commission are clearly wrong. They’ve relied on misinformation or whatever. I accept that they were probably taking the advice of ATAGI. What right rights do these people who’ve lost cases based on this incorrect information have in terms of getting recourse to their unjust decisions?
Mr Furlong : As you’re aware, we’ve traversed this a number of times at previous estimates, and a lot of the evidence is now on the public record, including through several questions on notice, a couple of them being EEC-AE22-046 and SQ22-001088. What I’ve said at previous estimates, but also in those QONs, is that it’s not the commission’s role to provide advice on vaccination requirements. We received a significant number of applications to deal with disputes but also about termination of employment of cases under general protections and unfair dismissals, mainly about vaccination related issues and whether or not the employers in those circumstances had provided lawful direction to the employees. Those cases were resolved through the commission in the normal course—
Senator RENNICK: So is there or isn’t there any recourse for these employees?
Mr Furlong : There is. They make an application to the Fair Work Commission, if they believe that they’ve been unfairly dismissed, to have their dismissal dealt with.
Senator RENNICK: Again, can they appeal these decisions?
Mr Furlong : Yes, they can.
Senator RENNICK: And the process for that is to go back to the Fair Work Commission and ask for an appeal?
Mr Furlong : It may assist, and I might ask Ms Scarlett to provide some further information, if you like, but in terms of the case management of unfair dismissal cases, it’s our largest case type, by volume, each year. An application is made by a former employee, they’re case managed and then they go to a staff conciliator. The vast majority of those cases are resolved through staff conciliation. If either party is unhappy with the terms, or if they can’t reach an agreement through that conciliation process, then they can have the matter dealt with by a member who can arbitrate the matter. They can draw evidence, they can ask for any documentation, they can take sworn evidence and then they will apply the law and then they will—
