Application pursuant to s. 84A(1)(b) of the Industrial Relations Act 1979

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

FILE NO/S FBM 2 OF 2022

PARTIES The Registrar, Western Australian Industrial Relations Commission

APPLICANT

-and-

Australian Nursing Federation, Industrial Union of Workers Perth

RESPONDENT

CORAM FULL BENCH

Chief Commissioner S J Kenner

Commissioner T Emmanuel

Commissioner T Kucera

DATE Wednesday, 15 February 2023

CITATION NO. 2023 WAIRC 00086

Result Order issued

Appearances

Applicant Ms M Saraceni of counsel

Respondent Ms B Burke of counsel

Order

HAVING HEARD Ms M Saraceni of counsel on behalf of the applicant and Ms B Burke of counsel on behalf of the respondent, the Full Bench, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders –

1. THAT the Australian Nursing Federation, Industrial Union of Workers Perth shall give discovery on affidavit of the documents listed in schedule A within its possession, custody or power by 27 February 2023.

2. THAT for the purposes of the Registrar’s access to the discovered documents, inspection and copying of documents referred to in paragraphs 5, 6 and 7 of schedule A be limited to the solicitors and counsel for the Registrar.

3. THAT the parties have liberty to apply on short notice.

By the Full Bench

CHIEF COMMISSIONER S J KENNER

SCHEDULE A

(1) Copies of minutes of the ANF Council and Executive meetings relating to:

(a) the proposed ballot of union members concerning the offer of a replacement industrial agreement made on 15 November 2022 by the Department of Health;

(b) the order of the Senior Commissioner of 18 November 2022 deferring the conduct of such ballot; and

(c) the alleged second to sixth contraventions of the 18 November 2022 order, as particularised in the summons from the Registrar to the ANF, filed on 2 December 2022, that relate to a claim by the ANF for terms and conditions better than the offer made by the Department of Health on 15 November 2022.

(2) Copies of communications, notices or correspondence to ANF members via email, social media, newsletters, media releases or the ANF iFolio website regarding the orders made by Senior Commissioner Cosentino on 18 November 2022 and 23 November 2022.

(3) Copies of written and/or audio records of meetings between the ANF Secretary and/or other members of the Executive or the CEO, and staff at public hospitals throughout Western Australia regarding the orders made by the Senior Commissioner of 18 November 2022 and 23 November 2022 and the industrial action held on 25 November 2022.

(4) Copies of any media releases, content of press conferences or other communications the ANF prepared and/or distributed to media outlets regarding the orders made by the Senior Commissioner of 18 November 2022 and 23 November 2022 or the industrial action which took place on 25 November 2022.

(5) Copies of any records regarding ANF members who, in respect of the industrial action which took place on 25 November 2022:

(a) registered with the ANF to receive a strike pay subsidy of $150; and

(b) have received or are due to receive the strike pay subsidy.

(6) Copies of any records regarding ANF members who requested and/or registered for transport by bus on its iFolio system for transportation to the rally at Parliament House on 25 November 2022.

(7) Copies of records as to the number of buses the ANF arranged for transportation of ANF members to the rally at Parliament House on 25 November 2022.