New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Annie Cotterill) v Liverpool City Council [2011] NSWIRComm 1000

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (on behalf of Annie Cotterill) v Liverpool City Council [2011] NSWIRComm 1000 Hearing dates: 23 December 2010 Decision date: 10 January 2011 Jurisdiction: Industrial Relations Commission Before: Tabbaa C Decision: Paragraph (1) of the Summons for Production dated 2 December 2010 be amended to read as follows: Documents (however described) which relate to complaints made or grievances lodged against Mr Les Simons during the period 26 May 2007 to date including any documents relating to the investigation, disciplinary or otherwise into the conduct of Mr Les Simons and any action taken in relation to such complaints (including, but not limited to, complaints made by Amjad Maaya and Neil Bailey); Otherwise, the Amended Notice of Motion is refused. The Union shall observe the appropriate protocols pertaining to confidential and sensitive information. The Council is to comply with the Summons for Production, as amended, by close of business on Tuesday, 11 January 2010. Catchwords: NOTICE OF MOTION - Summons for Production - relevance - necessity for the fair disposition of the case - "on the cards" that will assist Applicant's case - legitimate forensic purpose for documents requested - sensitive & confidential information - Inaction of the Employer in relation to grievances Legislation Cited: Evidence Act 1995 (s.55) Uniform Civil Procedure Rules 2005 Industrial Relations Act 1996 Local Government (State) Award 2010 Cases Cited: Trade Practices Commission v Arnotts Limited & Ors. (1989) 88 ALR 90 Attorney-General v Stuart 34 NSWLR 681 Police Service of NSW v Batton [2000] NSWIRComm79 Category: Procedural and other rulings Parties: The Local Government Association of New South Wales (Applicant in Notice of Motion) New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union (Respondent in Notice of Motion) Representation: Mr Ross Nassif, Industrial Officer (Applicant in Notice of Motion) Mr Michael Barnes, Solicitor (Respondent in Notice of Motion) File Number(s): IRC 1371 of 2010