Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2011] FCA 1396

Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 2) [2011] FCA 1396

Documents falling within paragraph 1(a) relating to District Court proceedings 2188/09 are directly relevant to the issues pleaded, specifically BHP Coal's state of mind in terminating Adams and Winter's employment, and must be discovered. Other categories sought in the interlocutory application are not directly relevant, overly broad, or oppressive, and are dismissed.

Parties
Applicant: Construction, Forestry, Mining and Energy Union; Respondent: BHP Coal Pty Ltd
Jurisdiction
Australia
Judgment Date
07 December 2011
Procedural Posture
Interlocutory Application / Discovery Order
Outcome
Interlocutory application partially granted
Legal Topics
Discovery, Protected Industrial Action, Termination of Employment, Civil Remedy Provisions
Practice and Procedure Industrial Law Discovery Protected Industrial Action Termination of Employment Civil Remedy Provisions

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Parties

Construction, Forestry, Mining and Energy Union

Applicant

BHP Coal Pty Ltd

Respondent

Procedural Posture

Interlocutory Application / Discovery Order

Legal Issues

  1. 1 Whether documents sought are directly relevant to issues pleaded
  2. 2 Whether discovery categories are 'fishing' and oppressive
  3. 3 Whether confidential and commercially sensitive documents should be discovered

Ratio Decidendi

Documents falling within paragraph 1(a) relating to District Court proceedings 2188/09 are directly relevant to the issues pleaded, specifically BHP Coal's state of mind in terminating Adams and Winter's employment, and must be discovered. Other categories sought in the interlocutory application are not directly relevant, overly broad, or oppressive, and are dismissed.

Court Disposition

Interlocutory application partially granted

Orders

  • The Respondent make discovery, in accordance with rule 20.17, of any and all documents falling within paragraph 1(a) relating to District Court proceedings 2188/09.
  • The Amended Interlocutory Application filed 1 December 2011 is otherwise dismissed.