Mark Donovan v Qube Ports Pty Ltd T/A Qube Ports Pty Ltd

[2016] FWC 4501

[2016] FWC 4501

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Mark Donovan
v
Qube Ports Pty Ltd T/A Qube Ports Pty Ltd
(U2016/1628)

COMMISSIONER LEE MELBOURNE, 6 JULY 2016

Application for relief from unfair dismissal - order for production of documents - order set aside.

[1] On 30 June 2016 at the request of the Applicant I issued an Order for production of documents directed to Ms Julia Swift of Qube Ports Pty Ltd (the Respondent) requiring her to produce to the Fair Work Commission (the Commission) a number of documents. The Order was returnable to the Commission at 4.00pm on 6 July 2016.

[2] On 1 July 2016 the Respondent’s representative advised my chambers that the Respondent sought to have the Order set aside. The basis for the Respondent’s application was outlined in this correspondence.

[3] In order to deal with the Respondent’s application to have the Order set aside I listed the matter hearing on 5 July 2016 at 10.00am.

[4] On 4 July 2016 the Respondent’s representative advised my chambers that as a result of discussions, the parties agreed that the Order for production of documents dated 30 June 2016 be set aside.

[5] Mr Adam Jacka of The Maritime Union of Australia confirmed on behalf of the Applicant that it agreed to have the Order set aside, and that the Applicant reserved its rights in relation to any future application for an Order for production of documents. The hearing listed 5 July 2016 was subsequently vacated.

[6] In light of the correspondence received from the parties I am satisfied that the Order for production of documents dated 30 June 2016 be set aside.

COMMISSIONER

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