A dispute that is shaping up to be a significant test case
dealing with the right of employers to direct employees to be
vaccinated against COVID-19 is to be heard later this month by the
Fair Work Commission.
The case, Construction, Forestry, Maritime, Mining and
Energy Union (105N) & Mr Matthew Howard v Mt Arthur Coal Pty
Ltd T/A Mt Arthur Coal [2021] FWCFB 6039, is an arbitration
pursuant to section 739 of the Fair Work Act. That provision allows
the Commission to deal with certain industrial disputes, including
by arbitration (with the outcome binding on the parties).
The question to be arbitrated is:
"Whether the direction as set out in attachments 1 and
2 to the application filed by the CFMMEU in proceedings C2021/7023
is a lawful and reasonable direction in respect to employees at the
Mt Arthur mine who are covered by the Mt Arthur Coal Enterprise
Agreement 2019"
