ResMed Limited v Australian Manufacturing Workers' Union (AMWU) [2016] FCAFC 23

ResMed Limited v Australian Manufacturing Workers' Union (AMWU) [2016] FCAFC 23

The interlocutory injunction was refused because the applicant's case was obviously weak: the proposed rule alteration was a matter that could not be determined by the National Council and therefore fell within r 6.4(a), allowing referral to National Conference delegates by postal ballot. The balance of convenience also did not favour restraint, as any detriment to the applicant was indirect, contingent and not shown to be irreparable, while the union had succeeded in a contested proceeding before the specialised tribunal and was generally entitled to the fruits of that success.

Jurisdiction
Australia
Judgment Date
01 March 2016
Procedural Posture
Judicial Review Proceeding Under S 39 B of the Judiciary Act 1903 (cth) Seeking Prohibition; Interlocutory Injunction Application / Application for Interlocutory Injunction to Restrain the Fair Work Commission Full Bench From Taking Any Further Step in the Union's Rule Change Application Pending Hearing and Determination of the Proceeding
Outcome
Application dismissed
Legal Topics
['interlocutory Injunction' 'judicial Review' 'fair Work Commission Rule Change Application' 'eligibility Rules of Registered Organisation' 'prima Facie Case' 'balance of Convenience' 'jurisdictional Error']
['practice and Procedure' 'employment and Industrial Relations' 'administrative Law' 'registered Organisations'] ['interlocutory Injunction' 'judicial Review' 'fair Work Commission Rule Change Application' 'eligibility Rules of Registered Organisation' 'prima Facie Case' 'balance of Convenience' 'jurisdictional Error']

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Procedural Posture

Judicial Review Proceeding Under S 39 B of the Judiciary Act 1903 (cth) Seeking Prohibition; Interlocutory Injunction Application / Application for Interlocutory Injunction to Restrain the Fair Work Commission Full Bench From Taking Any Further Step in the Union's Rule Change Application Pending Hearing and Determination of the Proceeding

Legal Issues

  1. 1 ["Whether ResMed had made out a prima facie case that the Fair Work Commission Full Bench lacked jurisdiction to consent to the AMWU eligibility rule alteration because the alteration was not made under the union's rules." 'Whether the balance of convenience favoured restraining the Fair Work Commission Full Bench from giving formal consent to the rule alteration pending final determination.' "Whether the National Council of the union had power under r 6.4(a) to refer the proposal to alter the union's eligibility rule to delegates of the National Conference for decision by postal ballot."]

Ratio Decidendi

The interlocutory injunction was refused because the applicant's case was obviously weak: the proposed rule alteration was a matter that could not be determined by the National Council and therefore fell within r 6.4(a), allowing referral to National Conference delegates by postal ballot. The balance of convenience also did not favour restraint, as any detriment to the applicant was indirect, contingent and not shown to be irreparable, while the union had succeeded in a contested proceeding before the specialised tribunal and was generally entitled to the fruits of that success.

Court Disposition

Application dismissed

Orders

  • ['The application be dismissed.']