Ms Raylene Oui v Townsville Aboriginal & Islander Health Service Ltd

[2012] FWA 3082

[2012] FWA 3082

FAIR WORK AUSTRALIA

DECISION

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

Ms Raylene Oui
v
Townsville Aboriginal & Islander Health Service Ltd
(U2011/13631)

COMMISSIONER SIMPSON BRISBANE, 11 APRIL 2012

Production of documents.

[1] An application was made by Raylene Oui, (the Applicant) in matter number U2011/13631, an application for unfair dismissal remedy, for an Order Requiring Production of Documents (the Order) by the Townsville Aboriginal & Islander Health Services Ltd, (the Respondent). The Order was issued by Fair Work Australia on 6 March 2012 requiring the Respondent to produce the following eight items by 4pm on 14 March 2012 as sought by the Applicant.

1. A full unabridged copy of the report of Tracey Richards;

2. Minutes of the TAIHS Board meeting of 23 August 2011;

3. A copy of the TAIHS Board meeting minutes where Tracey Richards was authorised to investigate the Raylene Oui matter;

4. Minutes of TAIHS Board meeting of 21 July 2011;

5. Minutes of all and any TAIHS Board meetings where the Raylene Oui matter was discussed;

6. A copy of the letter outlining Tracey Richards’ Terms of Reference for the investigation of the Raylene Oui matter;

7. A copy of Raylene Oui’s Employment Agreement; and

8. A copy of the TAIHS Disciplinary Policy.

[2] On 12 March the Respondent advised in correspondence items 1, 7 and 8 in the Order would be provided and items 3 and 6 did not exist and cannot be provided.

[3] On the same day the Respondent filed an application seeking to omit item 2, and item 4, and to amend item 5.

[4] The Applicant has advised by correspondence on 3 April 2012 that it no longer presses production of item 4. On that basis the outstanding issues are the production of items 2 and 5 in the Order.

[5] The basis of the Respondent’s application is relevance, the documents containing commercial in confidence information, sensitive and personal matters relating to other current and former employees and elements of the minutes attracting legal professional privilege.

[6] I have considered the documents and have decided to amend the requirements of item 2 and 5 by allowing access to the relevant documents in the Order in a limited fashion, that being those parts of the Board Minutes of 23 August 2011 to the extent they record attendance at the meeting, and Resolution number 4 concerning the appointment of an interim administrator. With regard to the Board Minutes of 5 December 2011, clause 2.4.1 dealing with gross misconduct, and Resolution number 7 dealing with the termination. This material, to the extent it has not already been provided, is to be provided to the Applicant’s representative within seven days.

[7] The Applicant’s representative is at liberty to seek to revisit the application for production of documents at the hearing should any new material become available on which to base such an application.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<Price code A, PR522278>