A Closer Look at the FWC’s Order for Evidence in Van Arend

The Fair Work Commission has issued a formal direction requiring a private employer to produce CCTV footage as part of proceedings involving Ms Esther Van Arend. The order, made by Vice President Gibian on 8 December 2025, falls under the Fair Work (Registered Organisations) Act 2009 and relates to Ms Van Arend’s application for a certificate permitting her to be employed or engaged by an organisation.

A Closer Look at the FWC’s Orders for Evidence

What the Commission Ordered

The Commission directed Palace Cinemas Pty Ltd, trading as Pentridge Cinema in Coburg, Victoria, to provide specified evidence within four days of the order. The instruction was clear, time-specific and backed by the compulsory powers available under s 590(2) of the Fair Work Act.

The order requires the organisation to supply:

• all CCTV footage from the Pentridge Cinema located at 1 Champ Street, Coburg,• covering the period between 6pm and 7pm on 24 November 2024.

This material must be provided electronically to the Chambers of Vice President Gibian by midday on 12 December 2025.

Why This Matters

The order highlights the Commission’s capacity to act quickly and decisively when documentary or digital evidence is necessary to progress a matter before it. For applicants such as Ms Van Arend, it reflects a process where factual clarification—particularly through objective records like CCTV—can be central to determining eligibility for employment or engagement within registered organisations.

The Commission also emphasised that the cinema retains the right to apply to have the order set aside or varied, consistent with procedural fairness.

The Importance of Transparency in Employment Matters

This is a straightforward but significant example of how the Fair Work Commission uses its statutory tools to ensure that relevant evidence is preserved and made available. For workers, the case is a reminder that contemporary employment matters often involve digital records—such as surveillance footage—that can play a crucial role in establishing what occurred in workplaces or public-facing work environments.

For organisations, the order illustrates the expectation that employers must comply promptly when required to assist the Commission, particularly when the material sought is specific, limited, and readily accessible.

A Process-Focused Outcome

While the broader circumstances surrounding Ms Van Arend’s application are not disclosed in the publicly available portion of the order, what is clear is that the Commission is ensuring it has the necessary evidence to deal with the matter properly. Orders of this type show the emphasis placed on procedural clarity, timely compliance, and maintaining confidence in the regulatory framework governing registered organisations.

MYUNION will continue to monitor developments in this matter as the Commission’s processes unfold.

Full decision available on the Fair Work Commission website HERE