Isser v BHP WAIO Pty Ltd

The matter of Isser v BHP WAIO Pty Ltd involved an application for relief under Part 3-1 of the Fair Work Act 2009 (Cth). The applicant, Mr Isser, sought to have the Federal Court of Australia hear his claims. However, Mr Isser had previously sought similar relief in the Federal Circuit and Family Court of Australia (Division 2) (FCFCOA). The respondent, BHP WAIO Pty Ltd, argued that the proceeding in the Federal Court was brought in contravention of section 32AA of the Federal Court of Australia Act 1976 (Cth) and moved to have the matter transferred to the FCFCOA.

The court needed to decide whether the proceeding in the Federal Court was an associated matter with the proceeding in the FCFCOA. If it was, then the proceeding in the Federal Court would be in contravention of section 32AA of the Federal Court of Australia Act 1976 (Cth) and the discretion to transfer the proceeding to the FCFCOA under section 32AB of the same Act would be enlivened. The court found that the proceeding in the Federal Court was indeed an associated matter with the proceeding in the FCFCOA, and that the discretion to transfer the proceeding to the FCFCOA was therefore enlivened.

In light of the above, the court made orders pursuant to section 32AB(1) of the Federal Court of Australia Act 1976 (Cth) to transfer the proceeding to the FCFCOA. The court also ordered that the costs of the respondent’s interlocutory application and of the case management hearing be costs in the matter so transferred. The entry of these orders was dealt with in Rule 39.32 of the Federal Court Rules 2011.