Title page
Contents
Chair's foreword 5
Members 7
Terms of reference 9
Abbreviations 10
1. Introduction 11
Background 11
Scope and conduct of review 12
2. Impact of policy responses to the COVID-19 pandemic on the Fair Work Commission's caseload 14
COVID-19 policy responses in 2020 and 2021 15
Overview 15
State and territory public health orders 18
Communication and direction from governments 20
Vaccine mandates 22
Rationale for mandates 23
Efficacy of mandates 25
Disputes relating to mandatory vaccination 25
Fair Work Commission caseload 27
Unfair dismissal and general protections involving dismissal 27
Reinstatement 28
Stand downs 29
JobKeeper disputes 30
Pandemic leave 31
Caseload response 33
Guidance and advice from the Commission 33
Caseload management 34
Resources 35
Other issues 37
Compliance with public health orders 37
Enterprise bargaining 37
Working from home 38
Vexatious claims 39
Conclusion 39
Appendix 43
A. Submissions 43
B. Hearings and witnesses 44