🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨🚨ATTENTION EVERYONE

Hi Everyone, we know today has been crazy and everyone is feeling very stressed and anxious. Please know that there is alot already in motion. This group is a part of the Australianssayno.com platform that is about to launch a NATIONAL CLASS ACTION. These types of actions take time and money but they may it possible for everyone to be a part of it at very little expense. We suggest that everyone read up on the class action in the website to see if it suits them.

Of course people have the option to look for their own legal recourse, however we have been looking, as have the nurses group and there are not many lawyers standing up for us here in WA atm. The lawyers in the East working with Advocate Me and Human Rights Advocates have been working around the clock to provide a considerable amount of information that they will likely be releasing tomorrow. We have been in touch and will be meeting with them again in the very near future for more direction. They are already actively engaged in writing our position statement for WA mining.

We have been reaching out to build our admin team and it is growing nicely. If you are passionate and wish to be involved please reach out to us.

The purpose of this group is not to focus on starting new legal actions as we are already affiliated with one. Our purpose is to strategize and pushback as much as we can, every step of the way. As we do this we make noise, educate people and create awareness. The teachers group has done this particularly well. To do it well we need large numbers and need to work together in unison. It is preferable that people don't start splintering off into smaller groups to reinvent the wheel without a full understanding of what is already being done.

Please go to the pinned posts and follow all the prompts so far to get a thorough understanding. Admin are working on a soft letter template we will provide in the next day or so if people choose to take this approach prior to the official declination letter on the main website.

Please know that some of us have been actively engaged in pushing back for over a year now. We have been at multiple meetings and rallys here in Perth and been actively engaged in writing to MPs and other bodies for some time.

We need to unite, and use our strength in numbers. However, we need to do this peacefully, lawfully and strategically. Please keep all comments on posts and in the chat group in line with this. We have been advised to remove anything that is aggressive or inciteful immediately as it can jeopardise the whole group.

We will be in touch with updates soon. Till then please read the pinned posts and investigate the website thoroughly to gain a thorough understanding.

Advocate Me is spearheading a number of actions at the Fair Work Commission and other similar jurisdictions. The cases that have gone through so far are not properly prepared and executed. Another layer of problem we have is the corruption of some of these Commissioners and decision-makers in these jurisdictions. However a properly articulated case is a checkmate in my opinion. If you are an employer please go to our link: https://www.australianssayno.com/business-owners

And watch our video:

https://youtu.be/l98g6ZbJalY

Stop exposing yourself and employees to disproportionate and unacceptable risk all the while doing so without any legislative backing.

ATTENTION ALL PEOPLE AFFECTED BY WA MANDATES.

Hi Everyone, we are working hard to develop out strategies. Waiting for a meeting with the lawyers and building a strong admin group. Please take this time to familiarise yourselves with what is already being done by following the pinned posts. There is alot already in motion. For now DO NOT RESIGN, and hold off from sending any letters to employers if you can, at least for the next 48 hours. Please start writing to your politicians as per pinned posts. We will update everyone ASAP.

Can everyone please make sure they have fully read and researched the pinned posts. Offshoots are starting everywhere and things are being doubled up. Please take a breath and take time to read before starting new groups and petition etc. Alot has already been laid out, it just needs to be read and digested. Admin have just finished a meeting and will be posting more tomorrow. We are also still following up with people who have contacted us to say they want to become more involved.
# United we are strong
# Hold the line

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5️⃣ ACTION STEP

ATTENTION ALL WA WORKERS AFFECTED BY VACCINE MANDATES

Admin is in discussion with some of the leading lawyers across Australia and we have some clarifications and suggestions for you. Some of this is specific to WA timelines, however some suggestions may be helpful to all Aussies.

Please Note: We do not offer legal advice on this page, and ultimately it is up to each individual as to how they respond to their respective circumstance. We are unable to give individual advice as we cover multiple industries and States, and there are many different implications involved between them.

1 • DO NOT RESIGN or you will lose all of you legal employment rights and entitlements, including the ability to claim "Unfair Dismissal."

2 • DO NOT BE COERCED into making any medical decisions that you are not 100 percent comfortable with.

3 • DO NOT DISCLOSE YOUR VACCINATION STATUS OR VACCINATION INTENTION to your employer at this time. This is a private and confidential relationship between you and your doctor.

If, in your individual case, you do feel you need to send a declination letter or any other correspondence at this stage then:

1 • Ensure all correspondence from both you and your employer is in writing, with company letterhead and official email signatures etc. where possible, and avoid verbal discussions about vaccination mandates if you can. Also note it is illegal to record verbal exchanges with another party without their knowledge/consent.

2 • When compiling any written correspondence, include the words "WITHOUT PREJUDICE" across the top of all correspondence, centred on the top of the letter. This is to help protect you from what you say potentially being used against you legally at a later date (see previous pinned post).

3 • PLEASE REVIEW ALL PINNED POSTS to ensure you are up to date with all our accumulated information so far. It is imperative that you read and complete the form at the "Australians Say No" website (www.australianssayno.com) on our Pinned Posts. This form gives our Class Action lawyers an idea of how many people they are working for, from what industry, location, etc. It also enables them to update people on what is happening for their particular industry.

4 • Start to think about your own personal options available, such as leave entitlements and how you may be able to buy more time from vaccination mandate deadlines.

Make sure you are diarizing and/or journaling your emotions and symptoms etc. as per previous pinned post. Visit your GP and psychologists/councillors as required to get things documented.

5 • We want to clarify that although the lawyers we are working with are not local, they are covering all of us with a NATIONAL CLASS ACTION. They are working on strategies for several States and currently working on a position statement in regards to the WA mining/resources sector vaccination mandate. They are not available to be contacted individually, however they include:

Ben Clemens from Clemens Haskins,
Mattouks Lawyers, and
Mani Shishienah from Legal Bits

In summary, STAY CALM, STAY STRONG AND STAY TUNED. There are several strong strategies taking place and we understand the urgency of timing, considering the fast approaching mandate deadlines.

# UNITED WE STAND - DIVIDED WE FALL
# HOLD THE LINE

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6️⃣ ACTION STEP

IS YOUR EMPLOYER TRYING TO DENY YOU OF YOUR ENTITLEMENTS SUCH AS PERSONAL LEAVE OR OTHER LEAVE?

Your employer cannot stop you from taking personal leave (sick leave) if you have leave entitlements and your doctor signs you off work. Sick leave can be used to cover physical health and mental health (anxiety, depression, sleeping problems).

You have rights and protection under law. The Fair Work Commission explains this in the link below 👇🏼

https://www.fairwork.gov.au/leave/sick-and-carers-leave/paid-sick-and-carers-leave/notice-and-medical-certificates


ARE YOU FEELING BULLIED AT WORK REGARDING YOUR HEALTH CHOICES?

Workplace bullying is repeated and unreasonable behaviour directed towards a worker or groups of workers that creates a risk to health and safety.

It is a risk because it may affect the physical and mental health of workers.

Aggression, intimidating behaviour, threats and unreasonable demands are all forms of workplace bullying.

You have rights and protection against bullying under law. Please see the link below and report bullying when it occurs 👇🏼

https://www.safeworkaustralia.gov.au/bullying


DO NOT ALLOW YOUR HUMAN RIGHTS TO BE VIOLATED 👇🏼

https://humanrights.gov.au/about/covid19-and-human-rights/covid-19-vaccinations-and-federal-discrimination-law

If you need assistance dealing with your employer, consider going to step 2 on australianssayno.com and engaging the Human Rights Advocates.

You are not alone. People are working to assist you. #holdtheline #unitedwestand

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7️⃣ ACTION STEP

The team at Australians Say No have just added a new page to the website with information for employers.

Please familiarise yourself with this whether you are an employer OR employee. Everyone needs to know and share this information widely.

https://www.australianssayno.com/business-owners

As you are aware Dr Judy Wilyman is a great supporter of ours and was instrumental in bringing vaccine dangers to the mainstream. She also helped set up the #ReclaimTheLine in Perth.

Here she is on Asia Pacific discussing vaccines and what's really going on and gives us some wonderful insight.

https://rumble.com/vn94bm-the-facts-and-science-surrounding-the-vaccine-debate-with-dr-judy-wilyman-a.html

PLEASE NOTE THAT THE PHO HAS NOW BEEN SIGNED INTO EFFECT SO THIS ACTION BELOW IS NOT GOING TO BE AS EFFECTIVE!

A West Australia Public Health Order mandating COVID vaccinations for the mining/resources sector has NOT yet been signed into effect

The Chief Health Officer (CHO) directions made under the WA Public Health Act (2016) can be found on the WA Government website here, on a page titled "Information on health in relation to COVID-19":

https://www.wa.gov.au/government/document-collections/covid-19-coronavirus-health

The sort of mandatory vaccination direction we would expect to see on this website for the mining/resources sector, is what was made for hotel quarantine workers, such as the "Chief Health Officer Approved Form of Evidence of COVID-19 Vaccination Under Paragraph 7 of the Access to Quarantine Centres Directions (No 2)":

https://www.wa.gov.au/government/publications/chief-health-officer-approved-form-of-evidence-of-covid-19-vaccination-under-paragraph-7-of-the-access-quarantine-centres-directions-no-2

This direction is a re-issuing of the initial Public Health Order mandating vaccines for hotel quarantine workers, signed on May 6th, 2021:

https://www.wa.gov.au/sites/default/files/2021-05/060521-Access-to-Quarantine-Centres-Directions.pdf

However, all that can be currently found on the WA Government website relating to mandatory vaccination for the mining/resources sector is this "announcement," published on October 5th, 2021:

https://www.wa.gov.au/government/announcements/covid-19-vaccine-mandatory-fifo-and-other-resources-sector-workers

There is no link on this announcement to an actual CHO direction mandating vaccination for the mining/resources sector, nor does one appear on the "Information on health in relation to COVID-19" website containing Public Health Orders. We had been waiting for one to be uploaded in the days since Premier McGowan's October 5th press conference, but it has been confirmed by both the Australian Workers Union (AWU) and the Australian Manufacturing Workers' Union (AMWU) that as it currently stands, no Public Health Order has been signed into effect by WA Chief Health Officer Dr. Andrew Robertson.

This is yet another reason to #HoldTheLine, and follow the ACTION STEPS pinned to the top of our Telegram Channel, starting with not disclosing your vaccination status or vaccination intention to your employer.

The National Mining and Construction United Team will continue to monitor the "Information on health in relation to COVID-19" WA Government website for the appearance of such a Public Health Order, and are working on further ACTION STEPS that you can take, in the coming days.

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ADDIT

THE PHO HAS NOW BEEN SIGNED INTO EFFECT SO THIS ACTION WILL NO LONGER BE AS EFFECTIVE!

8️⃣ ACTION STEP - URGENT

We are aware that many of you in the mining/resources sector have been notified by your employer that you are required to have your first COVID-19 injection as a condition of employment, by 1 December 2021.

The Fair Work Commission (FWC) can determine whether an employer’s directions are lawful and reasonable.

You can lodge a complaint with the FWC via a form titled "F8C application form," so the Commission can determine if your employer has issued you with a lawful & reasonable direction. This form is best submitted with any supporting documents, including communication received from your employer regarding their COVID-19 injection mandate. The submission fee is $74.90 and should be sent as a matter of priority, to ensure the FWC replies to your submission before the mandate deadline.

Lodging of new applications should be e-mailed to [email protected] or [email protected] and if paying by credit card, please provide the payer’s contact details and a Commission officer will contact the payer by telephone within 3 business days from the date of lodgment (this is as per the advice on the form, otherwise call 1300 799 675 to ensure payment is made). Please download the form here👇🏼

https://www.fwc.gov.au/content/rules-form/general-protections-application-not-involving-dismissal

The National Mining & Construction United Team have provided an example on how to fill out the form correctly. Please use it as a guide only, replacing our pre-filled example details with your personal and employment details where applicable. For the section titled "Applicant's representative," you may wish to fill out your Union representative's details if you are a Union member. Click the following link and enter your e-mail address to receive our example form, and please check your junk mail folder if it doesn't appear in your Inbox.

https://www.filehosting.org/file/details/964063/Form%20F8C%20-%20EXAMPLE.pdf

#HoldTheLine

PORT HEDLAND "WALK FOR CHOICE"

Please attend the peaceful Walk for Choice happening in Port Hedland this Tuesday October 12th, starting at midday. The National Mining and Construction United team will be there.

#UnitedWeStand
#HoldTheLine

KARRATHA "FREEDOM RALLY AGAINST VACCINE MANDATES"

Please join the peaceful Freedom Rally in Karratha, being held in unison with Australia-wide events this Saturday, October 16th, starting at 9am. Bring the family and pack a picnic if you wish.

#UnitedWeStand
#HoldTheLine