ORDER

Fair Work Act 2009
s.302 - Application for an equal remuneration order

Application by the Independent Education Union of Australia
(C2013/6333)

Confidentiality Order.

Pursuant to s.594(1) of the Fair Work Act 2009, the Commission orders as follows:

[1] For the purposes of these orders:

ACA Confidential Information means the redacted portions of:

1. Australian Childcare Alliance Inc - Outline of Submissions dated 25 May 2018 other than the redacted Third Party Confidential Information;

2. Statement of Alexandra Hands dated 21 May 2018;

3. Statement of Gary Carroll dated 23 May 2018;

4. Statement of Jae Dean Fraser dated 25 May 2018;

5. Statement of Jennifer Mary Kearney dated 23 May 2018;

6. Statement of Karthiga Viknarasah dated 23 May 2018;

7. Statement of Merran Edith Toth dated 16 May 2018;

8. Statement of Nicola Susanne Johnson dated 23 May 2018;

9. Statement of Shelley Prendergast dated 25 May 2018;

10. Reply Statement of Sarah Louise O’Donnell dated 7 May 2018; and

11. Reply Statement of Anne-Maree Wulff dated 21 May 2018,

except to the extent that this information is publicly available, or known to a party from another source.

Third Party Confidential Information means the information referred to sections in of the Australian Childcare Alliance Inc - Outline of Submissions dated 25 May 2018 that have been marked in blue highlighting to indicate references to information contained within the material that would otherwise be covered by Fair Work Commission Orders PR606760 and PR606299, except to the extent that this information is publicly available or known to a party from another source.

[2] Access to the ACA Confidential Information is restricted to:

i. the legal representatives of parties to this Application;
ii. Dr Michael Wright, Ms Carol Matthews, Mr Nigel Ward and Mr Dick Grozier; and
iii. any witness, prospective witness, or other person from whom it is necessary to seek instructions in the proceedings for the purposes of a party preparing evidence in reply or otherwise seeking instructions in the matter, subject to such persons being provided with a copy of these Orders.

[3] Fair Work Commission Orders PR606760 and PR606299 continue to operate in respect of the Third Party Confidential Information (i.e. that access is restricted to the legal representatives of the parties) save that the following additional people may have access to the unredacted version of the Australian Childcare Alliance outline of submissions:

i. Dr Michael Wright;
ii. Ms Carol Matthews;
iii. Mr Dick Grozier; and
iv. Mr Nigel Ward.

[4] The ACA Confidential Information and the Third Party Confidential Information is to be kept confidential by the Commission and the persons referred to in orders [2] and [3] above and is not to be disclosed or published, including in any decision of the Commission.

[5] The persons listed in orders [2] and [3] above must not disclose any part of the ACA Confidential Information or the Third Party Confidential Information to any other person not referred to in orders [2] and [3] and may not use the Confidential Information for any purpose other than the conduct of these proceedings.

[6] To the extent that the parties refer to the ACA Confidential Information or the Third Party Confidential Information in submissions or written evidence, they must:

(a) file and serve unredacted versions, marked as confidential and clearly identifying (but not redacting) the paragraphs in which the disclosure occurs, and

(b) provide the Commission with a redacted version for publication on the Commission website.

[7] In the event that any party wishes to refer to the ACA Confidential Information or the Third Party Confidential Information during the course of the hearing of the proceedings, the party must notify the ACA in advance in sufficient time to allow the ACA to make any application to have the hearing closed.

[8] This Order operates on and from 10 July 2018.

VICE PRESIDENT

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