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

FEDERAL COURT OF AUSTRALIA

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

Parties: RESMED LIMITED v "AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION" KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION (AMWU) and FAIR WORK COMMISSION

File number: NSD 846 of 2014

Judge: PERRY J

Date of judgment: 22 April 2015

Catchwords: INDUSTRIAL LAW –Where application for majority support determination made by employee organisation to Fair Work Commission – Where Full Bench of Fair Work Commission dismissed employer's appeal against Commissioner's decision that Commission had jurisdiction to entertain application for majority support determination – Where Full Bench upheld findings as to jurisdiction on basis that employee organisation was bargaining representative for a class of employees covered by proposed enterprise agreement – Where Full Bench later partially allowed appeal by employee organisation that employee organisation was not a bargaining representative for certain other classes of employees - Where second decision of Full Bench partially allowing appeal by employee organisation was expression of opinion without apparent legal effect PRACTICE AND PROCEDURE – Where application for summary dismissal sought with respect to prayers for relief for orders in the nature of certiorari and mandamus - Where certiorari and mandamus not available where decision has no apparent legal effect - Where application summarily dismissed under s 31A(2)(b) of the Federal Court of Australia Act 1976 (Cth) in so far as constitutes application for judicial review of second decision of Full Bench of the Fair Work Commission PRACTICE AND PROCEDURE –Where applications by employer and employee organisations for declarations as to whether employee organisation is bargaining representative for certain classes of employees covered by proposed enterprise agreement – Where Court will authoritatively determine question of whether employee organisation is bargaining representative for those classes of employees in determining applications for declaratory relief - Where no utility in entertaining application for judicial review of decision of Full Bench of Fair Work Commission constituting expression of opinion with no legal effect