Real Unions in Australia – Red Union and the Vax Mandates
So I joined Red Union a while ago now and have now made two requests for the risk assessment and so consultation. My line manager didn’t know what it was, though they have been helpful so we are making progress. There has been no hostility. We will see where it ends up.
I’m now on various weird telegram groups and nobody that I am aware of has seen any risk assessments for my employer’s worksites.
I just wanted to post some things which might be of help to others or provoke discussion.
BHP vax mandate struck down because of lack of consultation
The full bench of the Fair Work Commission has found a decision by mining giant BHP to make COVID-19 vaccinations at a Hunter Valley mine mandatory was not lawful or reasonable.
Lawyers for union officials fought against the mandate, arguing there was a lack of consultation.
Workplace law expert Michael Tooma says the commission’s judgement is “very important”.
“It shows what we have known for some time — that the Achilles heel to the mandatory vaccination programs that are being run is really this consultation point, and the full bench really focused in on consultation,” he said.
“What’s good about this is that we now have some clarity as to the minimum expectations in relation to a [vaccination] program and how that is to be rolled out — and we have a full bench decision and the full bench is not saying, ‘You can’t do this.’
“What they’re saying is, ‘You need to do it properly.'”
Interestingly, this was led by the CFMEU (in NSW), the same union who blatantly sold out their own members in Victoria (calling them extremists).
Paul Richardson talks mandates versus WH&S in Australia
This is a lengthy (mainly due to many questions) discussion which provides some guide to risk assessments in relation to the vaccines from a guy who prepares them for high risk workplaces (eg. mining sites) for a living. He’s very worked up which detracts from it a bit, but is obviously keen to help other people.
The long version (with questions) seems to have been taken down (I have a copy if anyone wants) but have now posted the shorter version.
He is a mining guy, so he makes references to the above BHP case. He claims that many unvaxxed on other mine sites were sacked as soon as it become apparent that this was a effective defense.
So, be aware, if this is a risk for you, that you need to request consultation (request the risk assessment) and thereby make your concerns known before dismissal to protect yourself from unfair dismissal.