The Western Australian Local Government Association (WALGA) appealed two procedural directions issued by the Commission which required WALGA to produce documents related to its sector survey. These directions were part of ongoing proceedings pertaining to an application to amend specific awards. WALGA’s resistance to producing the documents led to further hearings, with WASU arguing that the documents were necessary for cross-examination.

The Full Bench reviewed the appeal grounds to determine if they raised significant legal issues warranting intervention. It found that the procedural decisions did not involve jurisdictional errors significant enough to meet the public interest test for leave to appeal. The Full Bench determined that the appeal primarily challenged the outcome of the Commission’s procedural decision rather than raising any jurisdictional issue, and determined that the documents were self-evidently relevant to proceedings, therefore dismissing the appeal.

 The decision can be read here.