Mr John Peters v Pilbara Meta Maya Regional Aboriginal Corporation

[2014] FWC 4843

[2014] FWC 4843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394 - Application for unfair dismissal remedy

Mr John Peters
v
Pilbara Meta Maya Regional Aboriginal Corporation
(U2014/4695)

COMMISSIONER CLOGHAN PERTH, 18 JULY 2014

Unfair dismissal.

[1] On 14 February 2014, Mr John Peters (Mr Peters or Applicant) made application to the Fair Work Commission (Commission) seeking a remedy for alleged unfair dismissal from the Pilbara Meta Maya Regional Aboriginal Corporation (PMMRAC or Employer).

[2] The application is made pursuant to s.394 of the Fair Work Act 2009 (FW Act).

[3] The application is the subject of a hearing into the merits of the application on 22 and 23 July 2014 in Port Hedland, Western Australia.

[4] On 4 July 2014, the Employer made application to the Commission for all of the hearing on 22 and 23 July 2014 be conducted in private in accordance with paragraph 593(3)(a) of the FW Act. Further, pursuant to ss.593 and 594, the Employer sought the following orders:

“(a) all of the Respondent’s evidence (including witness statements and documents) be declared confidential;

(b) the Applicant be prohibited from using the Respondent’s evidence or documents submitted in this matter for any other purpose;

(c) the Applicant be required to withdraw any of the Respondent’s evidence or documents submitted to any external bodies and/or persons used for any other purpose; and

(d) at the conclusion of proceedings, the Applicant be required to deliver-up to the Fair Work Commission all of the Respondent’s evidence and documents in his possession, custody or control that were submitted as part of the proceedings.”

[5] On 17 July 2014, I conducted a hearing into the Employer’s request for the matter to be heard in private and the orders set out in paragraph [4] above.

[6] At the hearing on 17 July 2014, the Employer was represented by Mr. White, Solicitor and evidence was given on behalf of the Employer by Ms Green, Chief Executive Officer.

[7] The Applicant was represented by his wife, Mrs Peters. Mr Peters gave evidence resisting the application for the orders sought.

[8] The Commission received written documentation from both the Applicant and the Employer relating to PMMRAC’s request for orders.

[9] Having considered the submissions and oral evidence, I advised the parties, at the conclusion of the hearing on 17 July 2014, that I was satisfied that all of the hearing on 22 and 23 July 2014 should be in private. Further, having heard the evidence, I was satisfied that orders should be made, as requested by the Employer in (a) and (b) in paragraph [4] above.

[10] On the evidence, I was not satisfied that an order should be made in relation to (c) in paragraph [4] above.

[11] Finally, I advised the parties that I would consider the request in relation to (d) above in paragraph [4] at the conclusion of the proceedings on 22 and 23 July 2014.

[12] In accordance with my Decision on 17 July 2014, the attached orders are issued.

COMMISSIONER

Appearances:

C Peters for the Applicant.

D White, Solicitor, for the Respondent.

Hearing details:

2014:

Perth

17 July.

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