Fair Work Act 2009

s.365 - General protections and s.394 - Unfair dismissal

• [1] Further to the Directions Hearing held on Wednesday, 18 August 2021 by consent of the parties these two applications will be case managed and heard concurrently. Any documents, records and information produced to, any evidence heard by and any submissions made to the Commission in C2021/3763 and U2021/5772 shall be deemed to be produced to, heard by and made to the Commission in both applications.

• [2] At the Directions Hearing the Commission heard from the parties regarding their respective applications for orders for the production of documents.

• [3] With respect to the application by Mr Peter Chambers (Mr Chambers) for an order for production documents pursuant to section 590(2)(c) of the Fair Work Act 2009, the orders sought production of documents including contact details for clients of the Respondent and contact details for suppliers of the Respondent in order to assist Mr Chambers prepare witness statements from these persons dealing with, amongst other things, their beliefs as to whether he was employed by the Respondent and who they believed he was remunerated by.

• [4] The orders also sought production of copies of standard subcontractor agreements for what Mr Chambers refers to as legitimate independent contractors and a selection of subcontractor invoices for so-called legitimate independent subcontractors.

• [5] In addition, the orders sought the details of other employed sales consultants and the agreements between the Respondent and two Sales Development Managers.

• [6] The orders also sought copies of employment contracts for six other managers of the Respondent.

• [7] The Respondent objects to the Commission issuing orders to produce documents on the grounds that the documents sought are not relevant to the Commission's determination of the Respondent's jurisdictional objection that neither applicant was an employee dismissed by the Respondent and the application for orders to produce documents amounted to a fishing expedition.

• [8] In my view the only category of document sought by the Applicant relevant to the Commission's determination of these applications are emails mentioning Jamrok Pty Ltd held by the Respondent.

• [9] Consequently, as explained at the Directions Hearing, the Commission will issue an order requiring the Respondent to produce any such emails.

• [10] Separately, as also explained at the Directions Hearing, the Commission will issue three separate orders to produce as sought by the Respondent.

• [11] As foreshadowed an amended Notice of Listing with new directions will be issued.

N Ebbs of Bennett & Co on behalf of the Respondent.

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