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4 November 2021
Mr Matthew Peos
By email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Peos
Freedom of Information
FOI Reference number: 21/22-15
Notice of decision
On 5 October 2021, you sent an email to the Fair Work Commission (
Commission) for
access to documents under the
Freedom of Information Act 1982 (
FOI Act). On 6 October
2021, you sent a further email clarifying that you seek the following documents from the
Commission:
“2) Documents outlining direction given to the Fair Work Commission from either The
Government of Australia, The Parliament of Australia or Department of Health in
relation to the laws concerning the Covid 19 Mandate for Vaccination.
3) Documents sent to the Fair Work Commission from the Government of Australia, The
Parliament of Australia or the Department of Health outlining the necessity for a
mandate on compulsory Vaccination.
4) Any communication from any other Administrative and/or Regulatory body outlining
the Specifics of the Sars 2/Covid 19 virus with an Environmental Impact study in
relation to the workplace.
5) An official Dossier of the Covid 19 virus specifically outlining the virus at molecular
level, effects, causes and treatments as essential to make an informed decision in
relation to regulating future workplace employment policies and employee rights to be
presided over in case of any future dispute between employee and employer to the Fair
Work Commission.”
In your email of 6 October 2021, you also asked two questions which I answered in an email
on 19 October 2021.
I am authorised to make a decision in relation to your request.
1 The due date for a decision on
your request is
4 November 2021.
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Freedom of Information Act 1982 (Cth) s.23.
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Decision
Senior staff members of the Commission searched the Commission’s records and located the
following document titled Circular 2021/09 – Covid-19 vaccination policies in Australian
Government workplaces (
Circular 2021/09).
I have decided to give you access to the Circular 2021/09 under s.11A(3) of the FOI Act.
The reasons for my decision are below.
Information considered
In reaching my decision I have taken the following material into account:
• The terms of your request;
• The
Freedom of Information Act 1982 (FOI Act);
• The Australian Information Commissioner’s FOI Guidelines (
FOI Guidelines) issued
under s.93 of the FOI Act; and
• The Documents.
Reasons for decision
Section 11A of the FOI Act relevantly provides:
Scope
(1) This section applies if:
(a) a request is made by a person, in accordance with subsection 15(2), to an
agency…for access to:
(i) a document of the agency…
…
Mandatory access – general rule
(3) The agency…must give the person access to the document in accordance with this Act,
subject to this section.
Exemptions and conditional exemptions
(4) The agency…is not required by this Act to give the person access to the document at a
particular time if, at that time, the document is an exempt document.
…
(5) The agency…must give the person access to the document if it is conditionally exempt at a
particular time unless (in the circumstances) access to the document at that time would, on
balance, be contrary to the public interest.
Note 1: Division 3 of Part IV provides for when a document is conditionally exempt.
Note 2: A conditionally exempt document is an exempt document if access to the document would, on
balance, be contrary to the public interest (see section 31B (exempt documents for the purposes of
Part IV)).
Note 3: Section 11B deals with when it is contrary to the public interest to give a person access to the
document.
…
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Circular 2021/09
The Circular 2021/09 is also available on the Australian Public Service Commission (
APSC)
website a
t: https://www.apsc.gov.au/circulars-guidance-and-advice/circular-202109-covid-
19-vaccination-policies-australian-government-workplaces.
I am satisfied that no exemptions under the FOI Act apply to the Circular 2021/09 and therefore
have decided to grant access to the document.
Review rights
Internal review
If you disagree with my decision, you have the right to apply for an internal review by the
Commission. If you want to apply to the Commission for internal review, you should do so
within 30 days after you are notified of my decision. The internal review will be conducted by
an officer other than myself, and the Commission must make a review decision within 30 days.
Applications for internal review should be sent to:
Murray Furlong
General Manager
Fair Work Commission
GPO BOX 1994
Melbourne VIC 3001
Ema
il: xxxxxxxxxxxxxx@xxx.xxx.xx
Review by the Information Commissioner
Under s.54L of the FOI Act, you can apply to the Information Commissioner for review of my
decision. If you want to apply to the Information Commissioner for review, you must do so in
writing within 60 days after you are notified of my decision.
More information is available on the Information Commissioner website at
https://www.oaic.gov.au/freedom-of-information/reviews-and-complaints/information-
commissioner-review/.
How to make a complaint
You can make a complaint to the Information Commissioner about action taken by the
Commission in relation to your FOI request.
Enquires to the Information Commissioner can be directed to:
Phone: 1300 363 992 (local call charge).
For more information, vis
it: https://www.oaic.gov.au/freedom-of-information/reviews-and-
complaints/make-an-foi-complaint.
Should you have any queries about this matter, please feel free to contact me on (03) 8656 4544
or via email a
t xxx@xxx.xxx.xx.
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Yours faithfully,
Nancy Abdalla
Freedom of Information and Privacy Officer
Fair Work Commission
Phone: (03) 8656 4544
Ema
il: xxx@xxx.xxx.xx
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