The respondent union, in relation to ongoing proceedings, applied for an order under r 21 of the Industrial Relations Commission Regulations 2005 for the production of documents by the applicant union and another union the LGRCEU, as intervenor, and the employer body WALGA, as intervenor.  The documents requested included all communications between the applicant, the WALGA and the LGRCEU, concerning the proceedings or evidence given or expected to be given in these proceedings. The basis for the application was an assertion of collusion.

The application was opposed.  It was contended that such communications could date back many months and most or all communications would be of a privileged nature.  It was also contended that the requested order would significantly delay proceedings.

The Commission in Court Session determined that there was not any significant basis for an order for production of documents to be made involving the LGRCEU, or for an order to produce all documents, finding that such an order was too broad in scope. The Commission did, however, determine that it would be appropriate to make more limited orders in this matter. These orders included the production of non-privileged documents related to the evidence in proceedings and that any claim of legal professional privilege be the subject of affidavit evidence.

The decision can be read here.