CASE PROCEDURES – evidence – production of documents – s.739 Fair Work Act 2009 – on 25 May 2017 Order issued for production of documents directed to respondent – respondent objected to production of some documents 4, 10A, 10B, 11, 12 and 13B in Schedule of Order on grounds of relevance and commercial sensitivity – substantive matter related to whether respondent was required to facilitate the making of an in-house bid for garbage collection in Southern District of MCC – applicant submitted that documents sought have apparent relevance to the matter before Commission – that dispute is about application of Clause 6.2 of Moreland City Council Enterprise Agreement 2015 (Agreement) and how it applied in current circumstances – Commission held confidentiality or commercial sensitivity were not grounds alone on which to deny Order for production of documents but it may be grounds for placing restriction on inspection of documents [The Association of Professional Engineers, Scientists and Managers, Australia v Airly Coal P/L] – held Document 4 had some apparent relevance to issues that might arise – Commission not convinced that Documents 10A, 10B, 11 and 12 had any apparent relevance – held Document 13B, a comparison of bin lift costs, had some apparent relevance – held some restriction should be placed on inspection of Documents 4 and 13B due to commercial nature – ordered that documents should be made available for inspection by legal representatives of applicant and its Branch Secretary only – the documents and their contents were otherwise not to be disclosed to any person without further order of Commission – either party able to apply for a variation to Order – consent to such variation should be sought in the first instance. Australian Municipal, Administrative, Clerical and Services Union v Moreland City Council
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