Michael Friday v Leaning Tree Steiner School Incorporated

[2025] FWC 539

[2025] FWC 539

FAIR WORK COMMISSION

DECISION AND ORDER

Fair Work Act 2009

s.594 – Confidentiality orders

Michael Friday
v

Leaning Tree Steiner School Incorporated

(U2024/11981)

DEPUTY PRESIDENT O'KEEFFE PERTH, 21 FEBRUARY 2025

Application made to keep confidential the identity of certain persons relevant to the unfair dismissal claim – order granted

1. On 5 October 2024, Mr Michael Friday (the Applicant) applied to the Fair Work Commission (FWC) under s.394 of the Fair Work Act 2009 (Cth) (the Act) for a remedy, alleging that he had been unfairly dismissed from his employment with Leaning Tree Steiner School Inc. (the Respondent).

1. The matter was ultimately dealt with by way of hearing.  Prior to hearing a request was made by the Respondent that the FWC issue an order that the identity of certain persons referred to in the case be kept confidential.  The Applicant did not oppose the making of such orders.

1. The relevant circumstances are that the Applicant was dismissed for – among other reasons – the way he had handled a complaint from a pupil of the school regarding the actions of a teacher.  There was much conjecture about this complaint and whether it fell within the scope of the Reportable Conduct Scheme (the Scheme) established in Western Australia in 2023.  Under the Scheme there is a requirement to keep confidential the identity of pupils who make complaints.  Whether the complaint was reportable under the Scheme is not part of the decision of the FWC and so for the purposes of this Decision and Order I have erred on the side of caution and assumed that the Scheme does apply.

1. The request from the Applicant covered the pupil who had made the complaint and two other pupils who gave statements to the Respondent.  All of these pupils were under twelve years of age. In addition, the request covered the parents of the pupil who had made the complaint, one of whom gave evidence at hearing and the other who had met with the Applicant during the investigation process.

1. Given the requirements of the Scheme, the acquiescence of the Applicant and the desirability of protecting the identities of minors, I am satisfied that it is appropriate to make the orders.  I am also satisfied that the identity of the parents of the pupil who complained should be kept confidential as to identify them would all but identify the pupil. 

1. As such, I hereby order that publication of the identities of the pupils noted above and the parents of the pupil who made the complaint is prohibited.  Those persons will be referred to by way of pseudonym in any published decisions arising from the case listed above and the internal FWC files containing the identities of those persons will be marked not for publication.

DEPUTY PRESIDENT

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