ResMed Ltd v Australian Manufacturing Workers' Union [2015] FCA 615

ResMed Ltd v Australian Manufacturing Workers' Union [2015] FCA 615

Leave to appeal was refused because the proposed appeal did not present a sufficient basis for appellate intervention in a discretionary procedural stay and, in any event, no substantial injustice was shown. The stays were temporary, the Court had not declined jurisdiction, no concrete legal entitlement of ResMed was being withheld, and liberty to apply remained available if changed circumstances created a practical risk of substantial injustice.

Jurisdiction
Australia
Judgment Date
19 June 2015
Procedural Posture
Application for Leave to Appeal / Leave to Appeal From Orders Staying Federal Court Proceedings Pending Determination of Fair Work Commission Proceedings
Outcome
Application for leave to appeal dismissed.
Legal Topics
['application for Leave to Appeal' 'stay of Proceedings' 'declaratory Relief' 'eligibility Rule of Employee Organisation' 'fair Work Commission Proceedings' 'representation of Industrial Interests']
['practice and Procedure' 'fair Work'] ['application for Leave to Appeal' 'stay of Proceedings' 'declaratory Relief' 'eligibility Rule of Employee Organisation' 'fair Work Commission Proceedings' 'representation of Industrial Interests']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Leave to Appeal From Orders Staying Federal Court Proceedings Pending Determination of Fair Work Commission Proceedings

Legal Issues

  1. 1 ['Whether the judgment staying the Federal Court proceedings was attended by sufficient doubt to warrant the attention of a Full Court.' 'Whether substantial injustice would be occasioned to ResMed Ltd if leave to appeal were not granted.' "Whether the primary judge erred in assessing the utility of declaratory proceedings concerning the AMWU's existing eligibility rule while related Fair Work Commission applications were pending." 'Whether the primary judge erred in applying reasoning from Warramunda concerning futility and pending changes affecting discretionary relief.']

Ratio Decidendi

Leave to appeal was refused because the proposed appeal did not present a sufficient basis for appellate intervention in a discretionary procedural stay and, in any event, no substantial injustice was shown. The stays were temporary, the Court had not declined jurisdiction, no concrete legal entitlement of ResMed was being withheld, and liberty to apply remained available if changed circumstances created a practical risk of substantial injustice.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • ['In NSD 671 of 2015, the application for leave to appeal be dismissed.' 'In NSD 672 of 2015, the application for leave to appeal be dismissed.']