Richard Lunt v Qube Ports Pty Ltd T/A Qube Ports

[2013] FWC 7196

[2013] FWC 7196

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Richard Lunt
v
Qube Ports Pty Ltd T/A Qube Ports
(U2013/1962)

COMMISSIONER BISSETT MELBOURNE, 19 SEPTEMBER 2013

Application for relief from unfair dismissal - objection to Order Requiring Production of Documents - order varied.

[1] This matter was subject to a mention before me on Wednesday 18 September 2013. At the mention I granted permission or the Applicant and the Respondent to be represented by a lawyer and counsel respectively. Permission was granted on the grounds that the matter could be dealt with more efficiently, taking onto account the complexity of the matter (s.596(2)(a) of the Fair Work Act 2009 (the Act)), if permission were granted.

[2] The matter before the Fair Work Commission (the Commission) was an objection raised by the Applicant to an Order issued by the Commission at the request of the Respondent requiring the Applicant to produce certain documents to the Commission.

[3] Having heard from the parties on the matter I decided to vary the Order issued on 11 September 2013 by Deputy President Gooley.

[4] My decision to vary the Order and a recent change in the representation of the Applicant in these proceedings resulted in a further request to vacate the existing hearing date and vary the directions issued on 13 August 2013 for the filing of material with respect to the matter.

[5] I determined during the mention to vacate the hearing date and to issue new directions as follows:

1. The Applicant (Mr Richard Lunt) is to file with the Fair Work Commission and serve on the Respondent any further submissions, witness statements and any other material on which he intends to rely by 4.00pm Friday 27 September 2013;

2. The Respondent (Qube Ports Pty Ltd T/A Qube Ports) is to file with the Fair Work Commission and serve on the Applicant an outline of submissions, any witness statements and any other material on which it intends to rely by 4.00pm Friday 18 October 2013.

[6] Separate notices of listing will be issued for the hearing of the objection to the Order Requiring Production of Documents etc and for the substantive matter in due course.

COMMISSIONER

Appearances:

M. Clayton for the Applicant.

M. Follett of Counsel for the Respondent.

Hearing details:

2013.

Melbourne;

18 September.

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