Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Australian Postal Corporation [2001] FCA 587

FEDERAL COURT OF AUSTRALIA

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia v Australian Postal Corporation [2001] FCA 587 PRACTICE AND PROCEDURE – use of eCourt – discovery – scope of discovery – where applicant's standing derives from having members against whom conduct has been, is being or would be carried out – where applicant is a party to awards and agreements binding on all relevant employees – allegation of a prohibited reason applicable to members and non-members – whether discovery limited to documents in respect of employees who are members of the applicant

Workplace Relations Act 1996 (Cth) ss 4(1), 170LJ, 170M(1), 298B(1), 298G(1), 298K(1), 298L(1), 298M, 298T(2)

Bertran v Vanstone [1999] FCA 1753, referred to Commonwealth v Northern Land Council (1991) 30 FCR 1, applied COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING & ALLIED SERVICES UNION OF AUSTRALIA v AUSTRALIAN POSTAL CORPORATION V 1001 of 2000 GRAY J 18 MAY 2001 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY 1001 of 2000

BETWEEN: COMMUNICATIONS, ELECTRICAL, ELECTRONIC, ENERGY, INFORMATION, POSTAL, PLUMBING & ALLIED SERVICES UNION OF AUSTRALIA

APPLICANT

AND: AUSTRALIAN POSTAL CORPORATION

RESPONDENT

JUDGE: GRAY J

DATE OF ORDER: 18 MAY 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. On or before 22 June 2001, in accordance with O 15 r 6 of the Federal Court Rules, the respondent file and serve a verified list of documents in each of the forty-five categories of documents sought by the applicant with the following exceptions: (a) categories 4, 5, 13, 14, 16, 37, 38, 39, 41, 42 and 43; (b) categories 3, 36 and 40 are to be limited at this stage to documents recording any relevant decision; and (c) category 20 is to be limited to a period agreed between the parties sufficient to establish an average level of overtime worked. 2. The parties are directed to negotiate with a view to reaching an agreement with respect to a suitable period for discovery of documents in category 20. 3. The respondent make available its discovered documents for inspection on or before 29 June 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.