Australian Workers' Union v Registered Organisations Commissioner [2017] FCA 1554

FEDERAL COURT OF AUSTRALIA

Australian Workers' Union v Registered Organisations Commissioner [2017] FCA 1554 File number: VID 1151 of 2017

Judge: BROMBERG J

Date of judgment: 20 December 2017

Catchwords: PRACTICE AND PROCEDURE – applications to set aside subpoenas to produce documents – where substantive proceeding concerns whether an administrative decision was made for an improper political purpose or taking account of irrelevant political considerations – where subpoena calls for document categories directed at communications between the subpoena addressee and other parties, including the office of the administrative decision-maker – whether legitimate forensic purpose and apparent relevance of communications between the subpoena addressee and parties with no direct connection to the administrative decision-maker – subpoena set aside in part – not oppressive for subpoena addressee to search for and produce communications relating to about 20–30 staff

Legislation: Fair Work Act 2009 (Cth) ss 681, 682, 696 Fair Work (Registered Organisations) Act 2009 (Cth) ss 305, 329AA, 329CA, 329DA, 331, 335 Public Service Act 1999 (Cth) Workplace Relations Act 1996 (Cth)

Cases cited: Bailey v Beagle Management Pty Ltd (2001) 105 FCR 136 Boase v Axis International Management Pty Ltd (No 3) [2012] WASC 498 Dorajay Pty Ltd v Aristocrat Leisure Limited [2005] FCA 588 Grant v Downs (1976) 135 CLR 674 Hamilton v Oades (1989) 166 CLR 486 Master Builders' Association (NSW) v Plumbers and Gasfitters Employees' Union of Australia (No 1) (1987) 20 IR 387 McIlwain v Ramsey Food Processing Pty Ltd [2005] FCA 1233 Seven Network Ltd v News Ltd (No 5) [2005] FCA 510 Wong v Sklavos [2014] FCAFC 120