ENTERPRISE AGREEMENTS – termination of agreement – s.225 Fair Work Act 2009 – Full Bench – application for termination of agreement after nominal expiry date – applicant made three interlocutory applications – first was for order for production by Coles of store rosters for two stores over a period in 2011 (13 September application) – applicant alleged that 2011 Agreement did not pass BOOT at time Coles applied for approval and Coles acted improperly when providing requested information to Commission concerning BOOT – Full Bench considered that applicant had advanced a case challenging at least one aspect of approval process and that case was critical to applicant’s position that 2011 Agreement should be terminated retrospective to date of approval – satisfied that pertinent documents relating to how Coles responded to Commission’s request for randomly selected rosters had the necessary apparent relevance to an issue in contest in the proceedings – Full Bench would not permit provision of documents to be used to undertake a new series of pay comparisons which would result in production of a further expert’s report before hearing – considered better course to resolve applicant’s allegation would be to require Coles to provide an affidavit from person who oversaw response to Commission request; and produce all documents recording or concerning Coles’ response to request – orders to that effect made – 13 September application refused – second application was for variation of Full Bench’s directions of 8 September 2017 specifying filing dates and programming of matter for final hearing (9 October application) – Full Bench considered that applicant had been afforded more than adequate opportunity to file evidentiary case, and any further extension of time to allow her to file more material would not be fair or just and would cause further delay – 9 October application rejected – third application was for orders to compel Coles to re-file its expert report in a modified form, and to serve on applicant data provided to expert to form basis of report and a document referred to in report (11 October application) – Full Bench considered that applicant could request that Coles provide supporting documents or underlying calculations and Coles would respond promptly – in case of a dispute, applicant could apply for order for production – applicant could object to admissibility of expert report, or make submissions as to weight to be assigned to it, at the hearing – 11 October application rejected. Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Ltd Retail Agreement 2011
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