ResMed Limited v Australian Manufacturing Workers' Union [2015] FCAFC 195

ResMed Limited v Australian Manufacturing Workers' Union [2015] FCAFC 195

A union may apply for a majority support determination under s 236 of the Fair Work Act 2009 (Cth) as long as it is a bargaining representative of at least one employee who will be covered by the agreement; it is unnecessary for all or even a majority of specified employees to be eligible for membership of the union.

Parties
Appellant: ResMed Limited; First Respondent: Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU); Second Respondent: Fair Work Commission
Jurisdiction
Australia
Judgment Date
23 December 2015
Procedural Posture
Appeal / Full Court Judgment
Outcome
Appeal dismissed
Legal Topics
Collective Bargaining, Bargaining Representative Eligibility, Majority Support Determination
Industrial Law Collective Bargaining Bargaining Representative Eligibility Majority Support Determination

Case Brief

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Parties

ResMed Limited

Appellant

Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers' Union (AMWU)

First Respondent

Fair Work Commission

Second Respondent

Procedural Posture

Appeal / Full Court Judgment

Legal Issues

  1. 1 Whether an organisation of employees (the union) is competent to apply for a majority support determination under s 236 of the Fair Work Act 2009 (Cth) if not all employees in the proposed group are eligible for membership
  2. 2 Interpretation of the bargaining representative provisions under s 176 and s 236 of the FW Act

Ratio Decidendi

A union may apply for a majority support determination under s 236 of the Fair Work Act 2009 (Cth) as long as it is a bargaining representative of at least one employee who will be covered by the agreement; it is unnecessary for all or even a majority of specified employees to be eligible for membership of the union.

Court Disposition

Appeal dismissed

Orders

  • The appeal be dismissed.