Ralph Babet (Victoria, United Australia Party) Share this | Hansard source

I move the amendment as circulated in my name on sheet 1848:

(1) Page 10 (after line 17), at the end of the Bill, add:

Schedule 2 — Prohibiting COVID-19 vaccine discrimination

Fair Work Act 2009

1 Section 12

Insert:

COVID-19 vaccination status means the status of a person relating to whether, and to what extent, the person has been vaccinated against the coronavirus known as COVID-19 (including any subsequent variants of that virus).

2 Subsection 153(1)

After "intersex status,", insert "COVID-19 vaccination status,".

3 Subsection 195(1)

After "intersex status,", insert "COVID-19 vaccination status,".

4 Subsection 351(1)

After "intersex status,", insert "COVID-19 vaccination status,".

5 Paragraph 351(2)(a)

Before "not unlawful", insert "for action taken other than because of a person's COVID-19 vaccination status—".

6 Paragraph 578(c)

After "intersex status,", insert "COVID-19 vaccination status,".

7 Paragraph 772(1)(f)

After "intersex status,", insert "COVID-19 vaccination status,".

8 Section 789 HB (at the end of the heading)

Add "—breastfeeding, gender identity or intersex status".

9 At the end of Part 6-4E

Add:

789HC Extension of anti-discrimination rules — COVID-19 vaccination status

State referral laws

(1) Subsection (3) applies for the purposes of the operation of the provisions identified in subsection (2) in relation to COVID-19 vaccination status.

(2) The provisions are as follows:

(a) section 153;

(b) section 172A;

(c) section 195.

(3) In applying sections 30H and 30S in relation to that operation of the provisions identified in subsection (2), assume that:

(a) the matter to which that operation of those provisions relates is not an excluded subject matter for the purposes of:

(i) the State's referral law mentioned in sections 30H and 30S; and

(ii) Divisions 2A and 2B of Part 1-3; and

(b) the referral of that matter by that referral law results in the Parliament of the Commonwealth having sufficient legislative power for those provisions (to the extent of that operation) to have effect.

P rotection against adverse action

(4) The provisions identified in subsection (6), as they operate in relation to COVID-19 vaccination status, apply to action taken in a State.

Note: Action taken in a State includes action taken by a State public sector employer in a State.

(5) For the purposes of the provisions identified in subsection (6), as they operate in relation to COVID-19 vaccination status:

(a) a reference to an employee with its ordinary meaning includes a reference to a law enforcement officer of a State or the Northern Territory; and

(b) a reference to an employer with its ordinary meaning includes a reference to the Commissioner (however described) of the police service or police force of a State or the Northern Territory; and

(c) the Commissioner (however described) of the police service or police force of a State or the Northern Territory is taken to be an employer of law enforcement officers of the State or the Northern Territory, as the case requires.

(6) The provisions are as follows:

(a) section 351;

(b) any other provision of Part 3-1, to the extent the provision relates to section 351.

(7) Subsections (4) to (6) apply despite sections 30G, 30R and 337, and do not limit the operation of sections 338 and 339 (which deal with the application of Part 3-1).

10 In the appropriate position in Schedule 1

Insert:

Part 14 — Amendments made by the Work Health and Safety Amendment Act 2022

86 Application of amendments

(1) Subject to subclauses (2) and (3), the amendments made by Schedule 2 to the Work Health and Safety Amendment Act 2022 apply on and after the commencement of that Schedule.

(2) The amendments of section 195 made by that Schedule apply in relation to enterprise agreements made on and after the commencement of that Schedule.

(3) The amendments of section 351 made by that Schedule apply in relation to adverse action taken on and after the commencement of that Schedule.

I have been in this place, obviously not as long as many of you here have, and I campaigned very strongly on the issue of vaccine mandates. People out there are hurting. People are injured. Despite the fact that the bureaucracy and the government and even some in the opposition would like to cover it up, it can't be covered up for long. A day of reckoning is coming, and you have a chance to be on the right side of history. Start speaking up. Start standing up for the people out there that have been hurt by big pharma. These guys are corrupt. These guys are dodgy. These guys lie to all of us in this place. Admit that you were misled and that you were wrong, and do the right thing.