Ms Busra Turgut v Team Global Express Pty Ltd
[2025] FWC 2325
•8 AUGUST 2025
| [2025] FWC 2325 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.394 - Application for unfair dismissal remedy
Ms Busra Turgut
v
Team Global Express Pty Ltd
(U2025/9943)
| COMMISSIONER TRAN | MELBOURNE, 8 AUGUST 2025 |
Application for a confidentiality order under s 594 of the Act – Orders made
Team Global Express Pty Ltd (the respondent) has applied for an order under s 594 of the Fair Work Act 2009 (Cth), which provides:
Confidential evidence
(1)The FWC may make an order prohibiting or restricting the publication of the following in relation to a matter before the FWC (whether or not the FWC holds a hearing in relation to the matter) if the FWC is satisfied that it is desirable to do so because of the confidential nature of any evidence, or for any other reason:
(a) evidence given to the FWC in relation to the matter;
(b) the names and addresses of persons making submissions to the FWC in relation to the matter;
(c) matters contained in documents lodged with the FWC or received in evidence by the FWC in relation to the matter;
(d) the whole or any part of its decisions or reasons in relation to the matter.
The respondent has applied for an order in relation information contained in the following documents:
Exhibit AC-1 to the witness statement of Andrew Chamberlain dated 31 July 2025
a.Pages 17-21 only
Exhibit EC-1 to the witness statement of Elsie Coetzee dated 1 August 2025
a.Pages 1-2
b.Pages 2-4
c.Pages 13-16
d.Pages 24-26
3. Exhibit MJ-1 to the witness statement of Melissa Johnston dated 1 August 2025
a. Pages 23-31 and 78-86
b. Pages 32-46 and 87-101
c. Pages 49-52
The respondent says that the above pages contain:
· commercially sensitive information;
· records of internal discussions with employees of the Respondent who are not parties to nor witnesses in these proceedings;
· commercially sensitive information about a key client of the respondent’s (who is not a party to nor a witness in this proceeding); and
· financial information of the key client’s of the respondents (who is not a party to nor a witness in this proceeding).
The respondent filed and served witness statements with the above information redacted. The respondent filed unredacted witness statements with my chambers only. I have therefore had the opportunity of reviewing the information that the respondent says is confidential.
Ms Busra Turgut (the applicant) objects to the application for a confidentiality order on the basis that the respondent allegedly seeks the application in order to suppress her whistleblowing activities and that it may interfere with a matter that has been referred to the Australian Securities and Investment Commission. The applicant does not appear to contest that the information may be confidential or commercially sensitive.
The relevant standard for the making of an order under s 594 is whether it is desirable to do so, having regard to the confidential nature of any evidence or for any other reasons.[1] I am persuaded that the information contained in the above documents is confidential information as it is commercially sensitive. I am further persuaded that it is desirable to not disclose the names of persons who are not parties to, nor witnesses in, this proceeding. In considering the principles of open justice and the administration of justice, I propose to make orders that would allow for the disclosure of the above information contained subject to any regulatory powers requiring disclosure.
It may be necessary in any decision or reasons of the Commission’s in this matter to refer to the information contained in the above documents. In those circumstances, I propose to issue directions to ensure that confidential information is not disclosed.
I make the below orders.
ORDERS
The following is TGE Confidential Information and is not to be disclosed or published except as set out in these Orders:
A. Exhibit AC-1 to the witness statement of Andrew Chamberlain dated 31 July 2025
I.Pages 17-21 only
B. Exhibit EC-1 to the witness statement of Elsie Coetzee dated 1 August 2025
I.Pages 1-2
II.Pages 2-4
III.Pages 13-16
IV.Pages 24-26
C. Exhibit MJ-1 to the witness statement of Melissa Johnston dated 1 August 2025
I.Pages 23-31 and 78-86
II.Pages 32-46 and 87-101
III.Pages 49-52
The TGE Confidential Information is to be used exclusively for the purposes of this FWC Matter U2025/9943 or any related appeal or judicial review proceedings, except as otherwise set out in this Order.
Access to the TGE Confidential Information is limited to:
A. The applicant and witnesses on behalf of the applicant to this FWC Matter and related proceedings;
B. The relevant officers and employees of the respondent and witnesses on behalf of the respondent to this FWC Matter and related proceedings;
C. Any solicitor or barrister retained by the parties to this FWC Matter in relation to this FWC Matter and related proceedings, and any relevant support staff engaged by those legal representatives; and
D. the Commission and any member of staff of the Commission or other person assisting the Commission in relation to this FWC Matter and related proceedings.
Nothing in these Orders affects any compulsory information-gathering powers of the Australian Securities and Investments Commission nor any other regulatory body under any other laws or regulations whatsoever.
By no later than 12:00pm noon on Monday 11 August 2025, the respondent must file and serve on the applicant the unredacted exhibits to the witness statements of Andrew Chamberlain, Elsie Coetzee and Melissa Johnston that includes the TGE Confidential Information.
Parties may apply to have these orders varied or set aside.
The order will come into effect on 8 August 2025 and will remain in force until otherwise ordered by the Commission.
COMMISSIONER
[1] Santos WA Ltd v Whittaker[2024] FWCFB 231 at [42]
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