CASE PROCEDURES – procedural and interim decisions – workplace determination – ss.266, 590 Fair Work Act 2009 – Full Bench – the Australian Workers’ Union, the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing workers Union (AMWU) and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (collectively the Unions) sought order requiring Esso to provide copies of financial documents or records pursuant to s.590(2)(c) of the FW Act – parties currently involved in proceeding conducted pursuant to s.266 – Australian Nursing Federation v Victorian Hospitals’ Industrial Association adopted – Unions submitted that certain documents may set out Esso’s real financial position – Esso opposed production of the documents on the basis of relevance, oppressiveness and that proposed categories cover enormous array of documents – Commission granted order for production of specified annual statements as they were relevant to issues that will likely require determination in substantive proceeding and production would not be oppressive – refused order requiring production of specified loan documents as same evidence can be elicited through cross examination of Esso’s witnesses – refused order requiring production of specified documents evidencing proposal for a particular development as many of which are likely to be of no relevance to issues that will fall for determination and it is therefore oppressive – also not likely to shed any light on evidence regarding challenges for Esso in presenting a business case for capital investment – refused order requiring production of certain documents relating to annual take or pay volume, revenue and certain gas supply contracts on basis that production would be oppressive and annual statements ordered to be produced are likely to yield sufficient information regarding issues – granted order for production of specified forecasting reports as they were relevant, however documents to be produced are to be most current or recent of any report, analysis or paper in the identified period – refused order for production of certain contracts on basis that they were irrelevant and oppressive and may require disclosure of confidential contractual documents – Commission issued orders requiring production of documents falling within reformulated Categories 1 to 4 and Category 10 of the draft order (relating to specified annual statements and forecasting reports) but not otherwise. Esso Australia P/L v Australian Workers’ Union and Ors
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