A s.739 (Dispute resolution) application by Julian Storey against Western Health has been determined by Commissioner Yilmaz in Melbourne on 15 April 2019. On 1 March 2019, Julian Storey, represented by the Health Workers Union filed an application under s.739 of the Fair Work Act 2009 for the Fair Work Commission to deal with a dispute in accordance with the dispute settlement procedure in clause 7 of the Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Workers) Single Enterprise Agreement 2016-2020. Storey is engaged in the position of security officer at Western Health. The dispute concerns the question of whether, on a proper construction of clause 8.3(b) (ii) of the Agreement, the Applicant is entitled to the Respondent’s witness notes (in particular the notes relating to the interview of the Nurse in Charge) that were obtained during the investigative process, in order for the Applicant to respond to the allegation of serious misconduct against him. The Fair Work Commissioner said no.
