[2025] FWC 239
Citation: [2025] FWC 239
What happened
The United Nurses of Australia (UNA) applied to become a registered organisation. The Australian Nursing and Midwifery Federation (ANMF) objected and filed a document titled “Response to Objections” which contained allegations concerning the ANMF and its officials. The ANMF sought a confidentiality order to prevent publication of this document. This application was made without prior notice to the Commission or other parties. The UNA is seeking registration as an organisation under the Fair Work (Registered Organisations) Act 2009.
What was decided
The Fair Work Commission refused the ANMF’s application for a confidentiality order regarding the UNA’s “Response to Objections” document. The Commission acknowledged the principle of open justice and the potential conflict with non-publication orders. It stated that a test of 'desirability' for non-publication orders is broader than 'necessity'. The Commission revoked the interim order and rejected the ANMF’s contention that the allegations in the document were without foundation.
What it means for employers
Employers should be aware that the Fair Work Commission prioritises open justice and transparency in proceedings. Non-publication orders are not easily granted, even when allegations are potentially damaging. Employers involved in disputes should prepare for public scrutiny and ensure their responses are factual and legally sound.
What it means for employees
Employees should understand that proceedings before the Fair Work Commission are generally open to the public. This transparency aims to ensure fairness and accountability. While confidentiality orders are possible, they are not routinely granted.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc239.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →