ResMed Limited v Australian Manufacturing Workers' Union [2015] FCA 379

ResMed Limited v Australian Manufacturing Workers' Union [2015] FCA 379

The claims for certiorari and mandamus had no reasonable prospect of success because the second Full Bench decision of the Fair Work Commission was no more than a formal expression of opinion about the AMWU eligibility rule. It was not made pursuant to a statutory power with prescribed legal consequences, did not affect the ultimate decision whether to make a majority support determination under s 237 of the Fair Work Act 2009 (Cth), did not determine the preliminary jurisdictional decision, and did not impose or alter rights or obligations. As there was no operative or apparent legal effect to quash and no duty to enforce by mandamus, judicial review would be inutile, especially where...

Jurisdiction
Australia
Judgment Date
22 April 2015
Procedural Posture
Application for Summary Dismissal of Claims for Judicial Review in Proceedings Concerning a Majority Support Determination and Declaratory Relief Under the Fair Work Act 2009 (cth) / Decided on the Papers; Interlocutory Application for Summary Dismissal
Outcome
The amended originating application was summarily dismissed in so far as it sought judicial review relief in paragraphs 2 and 3; costs were reserved.
Legal Topics
['majority Support Determination' 'bargaining Representative' 'union Eligibility Rules' 'summary Dismissal' 'certiorari' 'mandamus' 'fair Work Commission Jurisdiction' 'procedural Fairness' 'declaratory Relief']
['industrial Law' 'practice and Procedure' 'administrative Law'] ['majority Support Determination' 'bargaining Representative' 'union Eligibility Rules' 'summary Dismissal' 'certiorari' 'mandamus' 'fair Work Commission Jurisdiction' 'procedural Fairness' 'declaratory Relief']

Case Brief

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Procedural Posture

Application for Summary Dismissal of Claims for Judicial Review in Proceedings Concerning a Majority Support Determination and Declaratory Relief Under the Fair Work Act 2009 (cth) / Decided on the Papers; Interlocutory Application for Summary Dismissal

Legal Issues

  1. 1 ['Whether ResMed had a reasonable prospect of successfully prosecuting claims for certiorari and mandamus in respect of the second Full Bench decision of the Fair Work Commission.' 'Whether the second Full Bench decision had any operative or apparent legal effect capable of being quashed by certiorari.' "Whether there was any duty capable of being enforced by mandamus requiring the Fair Work Commission to determine the AMWU's entitlement to represent specified ResMed employees." 'Whether any alleged breach of procedural fairness could support certiorari or mandamus when the impugned decision had no legal consequences.']

Ratio Decidendi

The claims for certiorari and mandamus had no reasonable prospect of success because the second Full Bench decision of the Fair Work Commission was no more than a formal expression of opinion about the AMWU eligibility rule. It was not made pursuant to a statutory power with prescribed legal consequences, did not affect the ultimate decision whether to make a majority support determination under s 237 of the Fair Work Act 2009 (Cth), did not determine the preliminary jurisdictional decision, and did not impose or alter rights or obligations. As there was no operative or apparent legal effect to quash and no duty to enforce by mandamus, judicial review would be inutile, especially where...

Court Disposition

The amended originating application was summarily dismissed in so far as it sought judicial review relief in paragraphs 2 and 3; costs were reserved.

Orders

  • ['Pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth), the amended originating application for relief filed by the applicant on 15 September 2014 be dismissed in so far as it seeks the orders set out in paragraphs 2 and 3 of that application.' 'The question of costs of and incidental to the...