CASE PROCEDURES – confidentiality – s.512 Fair Work Act 2009 – application lodged for right of entry permit by CEPU for Mr Metcher – permit granted with one condition on 9 May 2016 – Director of the Regulatory Branch of the Commission provided report to member of the Commission on 25 October 2016 containing allegations which may have been relevant to issuing of permit to Mr Metcher – Australian Government Solicitor (AGS) on behalf of Minister sought orders to produce documents in relation to matter – Commission issued four orders to produce on 13 January 2017 – orders served on Commissioner of Police, New South Wales Police Force, Australia Postal Corporation (Australia Post), Mr Metcher and the Proper Officer of the Divisional Branch of the CEPU – lack of agreement between parties with respect to confidentiality of some documents – Australia Post submitted confidential investigation report and advice prepared for it by law firm in relation to prior conduct of Mr Metcher was covered by legal professional privilege – AGS opposed privilege claim – submitted report may have been relevant to substantive matter to be determined by Commission due to its relation to a workplace issue – Commission’s task in right of entry matter to make broad inquiry of applicant union and official – s.512 FW Act matters to be considered to determine if applicant is ‘fit and proper person’ to hold right of entry permit, not ‘fit and proper person in general sense – Re: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia considered – Commission not satisfied report covered by legal professional privilege – found report to the extent that it relates to Mr Metcher’s conduct in relation to workplace issues and his relationship with the major employer with whom he deals was relevant to substantial issues before Commission – found parts of report protected by privilege and should be deleted from version of report inspected by parties – dispute about whether instructors/clients on each side could have access to documents produced – Commission determined to restrict access to legal representatives, instructing officers, the Minster and Mr Metcher – parties agreed various other orders should be issued – orders for confidentiality to follow. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
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