Roger Tull v Allied Express Transport Pty Ltd T/A Allied Express

[2015] FWC 1483

[2015] FWC 1483

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Roger Tull
v
Allied Express Transport Pty Ltd T/A Allied Express
(U2014/15405)

COMMISSIONER WILLIAMS PERTH, 3 MARCH 2015

Termination of employment - application for an order to produce documents.

[1] This matter concerns an application for an order requiring the production of documents (form F52 application) made by Mr Roger Tull (the applicant).

[2] The schedule attached to the form F52 application is attached to this decision as Annexure 1. I note that the reference to 2013 should read 2014 and I have taken that fact into consideration in my decision below.

[3] The respondent’s solicitor has made submissions opposing the issuing of the order.

[4] Having considered the documents requested to be produced as set out in the attached schedule and the respondent’s submissions my decision with respect to each item on the schedule is not to order that the specified documents be produced.

[5] My reasons for not ordering these documents be produced for each category of documents identified on the attached schedule is as follows:

• No orders can be made with respect to item 1 or 5.



• Item 2 - The information before the Commission is that the respondent does not retain a record of the log of calls to the Kewdale depot.



• Item 3 - The information before the Commission is that the respondent does not record phone conversations.



• Item 4 - The information before the Commission is that there is no video footage for any period prior to January 2015.



• Item 6 - The documents sought do appear to be in the category of a fishing expedition. It is not apparent that computer logs of communications between the Kewdale depot and the PDA are relevant to the question of whether the applicant was a contractor or an employee or to his behaviour in interacting with the respondent’s staff.

[6] A further related application for an order requiring the production of documents was lodged by the applicant on 17 February 2015 having been advised by email that the Commission had declined to issue the orders detailed above. My separate decision is that I will not be issuing the order sought by the applicant on 17 February 2015.

COMMISSIONER

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ANNEXURE 1