Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ResMed Limited v Australian Manufacturing Workers' Union (AMWU) [2016] FCAFC 23 File number: NSD 127 of 2016
Judges: JESSUP, BUCHANAN AND KATZMANN JJ
Date of judgment: 1 March 2016
Catchwords: PRACTICE AND PROCEDURE – Interlocutory injunction – Judicial review – Application for restraint – Rule change application before the Fair Work Commission – Whether the applicant has a prima facie case – Balance of convenience
Legislation: Fair Work Act 2009 (Cth) ss 176, 615A Fair Work (Registered Organisations) Act 2009 (Cth) ss 158, 340 Judiciary Act 1903 (Cth) s 39B
Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Beecham Group Ltd v Bristol Laboratories Pty Ltd (1968) 118 CLR 618
Date of hearing: 1 March 2016
Registry: New South Wales
Division: Fair Work Division
National Practice Area: Employment & Industrial Relations
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicant: Mr F Parry QC
Solicitor for the Applicant: Ashurst Australia
Counsel for the First Respondent: Mr A Howell
Solicitor for the First Respondent: Solicitor of the Australian Manufacturing Workers' Union
Counsel for the Second Respondent: The second respondent filed a submitting notice
ORDERS NSD 127 of 2016
BETWEEN: RESMED LTD Applicant
AND: "AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES' UNION" KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION (AMWU) First Respondent
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