WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES THE AUSTRALIAN WORKERS' UNION, WEST AUSTRALIAN BRANCH, INDUSTRIAL UNION OF WORKERS & OTHERS APPLICANTS -v- BHP BILLITON IRON ORE PTY LTD RESPONDENT CORAM COMMISSIONER S J KENNER DATE FRIDAY, 6 JUNE 2003 FILE NO/S CR 110 OF 2002 CITATION NO. 2003 WAIRC 08457 Result Order issued Representation Applicant Mr M Llewellyn Respondent Mr A Lucev of counsel Order HAVING heard Mr M Llewellyn on behalf of the applicants and Mr A Lucev of counsel on behalf of the respondent the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders – (1) THAT the respondent shall give an informal discovery of the documents and classes of documents, unexpurgated, in its possession, custody or power as set out in the schedule to the applicants’ notice of application of 7 May 2003 concerning the mine production department at Newman by 13 June 2003 as follows: (a) paras 1 and 2, whereby the relevant period is 2002; (b) para 3, whereby the relevant period in terms of notes is 2002; 84 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 961 (c) para 4; (d) para 5; and (e) para 6, whereby the category of documents is confined to the diary of Mr Lohse. (2) THAT the applicants shall give an informal discovery of the documents and classes of documents, unexpurgated, in their possession, custody or power as set out in the letter from the respondent’s solicitors to the applicants’ representative of 14 May 2003 concerning the mine production department at Newman by 13 June 2003: (a) paras 1 to 4, and 6, insofar as they relate to allegations of intimidation, harassment, discrimination, and the respondent’s shift transfer proposal where the relevant period is 11 November 1999 to date; (b) paras 5 and 7, 8 to 10 and 12 to 14; and (c) para 11 where the relevant period is 2002. (3) THAT inspection shall be completed by 20 June 2003. (Sgd.) S J KENNER, [L.S.] Commissioner. 2003 WAIRC 08568