ResMed Limited v Australian Manufacturing Workers' Union (AMWU) (No 2) [2017] FCAFC 14

ResMed Limited v Australian Manufacturing Workers' Union (AMWU) (No 2) [2017] FCAFC 14

The Full Bench of the Fair Work Commission did not err in finding that the rule alteration was made in accordance with the AMWU Rules because rule 6.4(a) permits the National Council to refer matters it lacks power to determine, including rule amendments, to a postal ballot of National Conference delegates, and such process is not inconsistent with democratic requirements or statutory standards.

Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
['registered Organisations' 'union Rules Amendment' 'judicial Review' 'interpretation of Union Rules' 'fair Work (registered Organisations) Act 2009 (cth) S 158']
['industrial Law' 'employment Law'] ['registered Organisations' 'union Rules Amendment' 'judicial Review' 'interpretation of Union Rules' 'fair Work (registered Organisations) Act 2009 (cth) S 158']

Case Brief

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Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 ['Whether the rule alteration was made in accordance with the AMWU Rules for purposes of s 158(2) of the Fair Work (Registered Organisations) Act 2009 (Cth)' "Whether the phrase 'matters cannot be determined by the National Council' in rule 6.4(a) precluded referral of the rule amendment to a postal ballot" 'Whether use of postal ballot for rule amendment is inconsistent with democratic standards required by law or the Rules']

Ratio Decidendi

The Full Bench of the Fair Work Commission did not err in finding that the rule alteration was made in accordance with the AMWU Rules because rule 6.4(a) permits the National Council to refer matters it lacks power to determine, including rule amendments, to a postal ballot of National Conference delegates, and such process is not inconsistent with democratic requirements or statutory standards.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' 'The parties are directed to confer on the question of costs.' 'If there is agreement, the parties shall on or before 3 March 2017, file minutes of the orders which they consider should be made.' 'In the absence of agreement, on or before 10 March 2017, each party file a short...