ENTERPRISE AGREEMENTS – workplace determination – s.266 Fair Work Act 2009 – Full Bench – industrial action related workplace determination – whether aspects of the submissions and evidentiary material filed in this matter by the Commonwealth of Australia represented by the Department of Immigration and Border Protection (DIBP) and the Community and Public Sector Union (CPSU) are protected by Parliamentary privilege under the Parliamentary Privileges Act 1987 (Cth) (the PP Act) and whether the material can be received by the Commission – Full Bench considered all of the disputed material came within the definition of ‘proceedings in Parliament’ as set out in s.16(2) of the PP Act – Full Bench further considered the Budget documents which DIBP sought to tender were protected by privilege and therefore incapable of being received by the Commission – as to the other material which is disputed on the grounds of Parliamentary privilege, the Full Bench considered it would be caught by Parliamentary privilege should any party seek to rely on it in a way that entails the tender or receipt by the Commission or the questioning, making of submissions or comment on those documents for any of the purposes set out in 16(3) of the PP Act – given the potential implications of this decision for the material which the parties seek to rely on in the substantive matter, the Full Bench intend to list the matter for mention and directions/conference before Kovacic DP in the week commencing 21 August 2017 to discuss the parties’ views regarding the implications of the decision for their respective submissions and evidentiary material and the dates currently set down to hear the matter. Commonwealth of Australia represented by the Department of Immigration and Border Protection v CPSU, the Community and Public Sector Union
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