The application relates to disciplinary proceedings due to their alleged non-compliance
The Fair Work Commission (FWC) recently rejected the interim relief application of 38 Victorian public health workers over disciplinary proceedings against them. The proceedings arose out of non-compliance with the state’s mandatory vaccination orders.
Different healthcare operators across Victoria employ the workers. The state has ordered the said operators to have their employees be fully vaccinated within a targeted timeline. Those who did not comply faced disciplinary action.
In March 2020, the Victorian Minister for Health declared that Victoria had entered “a state of emergency” in response to the COVID-19 pandemic. During this time, the Chief Health Officer may authorise emergency powers, including issuing public health directions.
In September 2021, the Acting Chief Health Officer issued directions relating to public health workers’ mandatory vaccination (CHO directions).
The workers challenged the CHO directions based on their respective enterprise agreements (EA). The workers emphasized a clause on their EA that states that “employers will consult with nurses, midwives and their representatives around matters relating to health and safety in the workplace.”
In their application, the workers said that their employers failed to consult them as to the CHO directions. Thus, they said the disciplinary action “cannot be invoked.”
The workers sought interim relief, mainly directing a...
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