ORDER

Fair Work Act 2009
s.789FC - Application for an order to stop bullying

Worker A, Worker B, Worker C, Worker D and Worker E
(AB2016/208)

Application for an FWC order to stop bullying; confidentiality order.

[1] Pursuant to ss.586, 593 and 594 of the Fair Work Act 2009 (Act), I order that, except by leave of the Commission or until further order:

1. No person shall publish or otherwise disclose the names or addresses of the five persons who are applicants in this proceeding and who are described as Worker A, Worker B, Worker C, Worker D and Worker E in statements of Mr Phil Grant filed in this proceeding.

2. No person other than the legal representatives of any party to this proceeding shall be permitted to access any document which contains the name or address of Worker A, Worker B, Worker C, Worker D or Worker E or any document from which that information may be discovered, on the file of the Fair Work Commission (Commission) in this proceeding.

3. The legal representatives of any party to this proceeding will have access to any document on the file of the Commission which contains the name or address of Worker A, Worker B, Worker C, Worker D or Worker E and to any document from which that information may be discovered, on condition that the legal representatives:
a) will comply with paragraph [1] of this order; and
b) will not use the name or address of Worker A, Worker B, Worker C, Worker D or Worker E for any purpose other than for the purpose of this proceeding.

4. The initiating application and the title to these proceedings is amended so that the applicants are recorded as Worker A, Worker B, Worker C, Worker D and Worker E respectively.

5. Paragraph [4] of this order will have effect in relation to Worker C if Worker C advises my chambers by 5:00 pm on Wednesday, 17 August 2016 that Worker C is an applicant in this proceeding.

6. The hearing of the application of orders under s.789FC of the Act will be held in private, but a party to this proceeding will not be excluded from the hearing.

7. For the avoidance of doubt, a reference in this order to:
a) “person” includes a body corporate;
b) “legal representatives” includes a legal officer (howsoever described) in the employ of a party to this proceeding; and
c) “party” means any person named in the initiating application filed in this proceeding.

8. There will be liberty to apply.

DEPUTY PRESIDENT

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