ENTERPRISE AGREEMENTS – workplace determination – s.266 Fair Work Act 2009 – Full Bench – previously, two decisions dealing with objections to aspects of submissions and evidentiary material filed by Commonwealth of Australia represented by the Department of Immigration and Border Protection (DIBP) and the Community and Public Sector Union (CPSU) – Full Bench in first decision [[2017] FWCFB 4200] determined that all disputed material coming within definition of ‘proceedings in Parliament’ as set out in s.16(2) of Parliamentary Privileges Act 1987 (PP Act) and Budget documents which DIBP sought to tender were protected by Parliamentary privilege and incapable of being received by Commission – Full Bench in second decision [[2017] FWCFB 4577] determined not to admit a number of paragraphs from CPSU witness, Mr Rupert Evans’ witness statement, on basis that paragraphs irrelevant – new Directions revised on 1 September 2017 – in accordance with revised Directions, DIBP filed further witness statements by Mr Venugopal and Mr Groves – CPSU and Ms Ryan, employee bargaining representative for proposed Agreement, raised number of objections to witness statements on grounds that elements were protected by Parliamentary privilege and on the basis of hearsay and relevance – CPSU objected to Mr Groves’ third witness statement in its entirety – Ms Ryan objected to Attachment MV-20 of Mr Venugopal’s third witness statement – Full Bench’s analysis of disputed material supported finding that submissions and evidence not protected by Parliamentary privilege and therefore can be admitted – objections dismissed – Mr Groves’ third witness statement admitted in its entirety – Attachment MV-20 to Mr Venugopal’s third witness statement admitted. Commonwealth of Australia represented by the Department of Immigration and Border Protection
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