The Australian Workers' Union v Woodside Energy Ltd

[2010] FWA 6828

[2010] FWA 6828

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.236 - Application for a majority support determination

The Australian Workers' Union
v
Woodside Energy Ltd
(B2010/3092)

Oil and gas industry
COMMISSIONER WILLIAMS	PERTH, 1 SEPTEMBER 2010

Order for Production of Documents

[1] On 31 August 2010 at the request of the applicant I issued an order requiring the production of three documents by the respondent. The respondents later that day in writing requested that this order be set aside and provided arguments in support of that application. In response the applicant has provided a reply to the respondent’s arguments and urges the tribunal not to set the order aside.

[2] From those submissions and the party's explanations of their interactions that predate the applicants request for the order for the production of documents it is clear that the applicant is reluctant to provide to the respondent the names of its members who support the substantive application for a majority support determination and similarly the respondent is reluctant to provide to the applicant a list of the names of all its employees that the applicant describes as “operations technicians”.

[3] In the circumstances then I have decided that I will not require the respondent to provide to the applicant and the tribunal the list of names and positions of operations technician as is required by paragraph 1 of the schedule to the order for production of documents.

[4] I however I do not view the respondents objections to being required to provide the documents identified in the second and third paragraph of the schedule to the order for production of documents as being of any significant substance.

[5] For clarity's sake then I will now rescind the order for production of documents issued yesterday and I will issue a new order for the production of documents that will require only the production of those documents identified in the now rescinded order at paragraphs two and three of the schedule.

[6] Should either party in future wish to seek an order for the production of documents then that application will be dealt with at a hearing held after both parties have lodged their materials as required by the previously issued directions for the substantive application. Such a hearing, if necessary, will be held at 10:15 AM on Thursday 23 September 2010. Either party seeking an order for production of documents at that hearing is required to provide a draft of that order to the other party and to my chambers by no later than 4:30 PM on Wednesday 22nd of September 2010. A notice of listing to that effect will shortly be issued to the parties.

[7] A new order for the production of documents is issued in conjunction with this decision.

COMMISSIONER

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