ResMed Limited v Australian Manufacturing Workers' Union (No 2) [2015] FCA 537

FEDERAL COURT OF AUSTRALIA

ResMed Limited v Australian Manufacturing Workers' Union (No 2) [2015] FCA 537 Citation: ResMed Limited v Australian Manufacturing Workers' Union (No 2) [2015] FCA 537

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

File numbers: NSD 846 of 2014 NSD 915 of 2014

Judge: PERRY J

Date of judgment: 29 May 2015

Catchwords: INDUSTRIAL LAW –Where declaratory relief sought in separate proceedings in the Federal Court by employer and employee organisation to determine coverage of employee organisation's existing eligibility rule – Where applications also before the Fair Work Commission by the employee organisation to amend its eligibility rule to expand coverage to all of the employer's employees and by the employer for an order that the employee organisation has no right to represent any of the employer's employees PRACTICE AND PROCEDURE - Where employee organisation seeks temporary stay of proceedings for declaratory relief pending outcome of applications in Fair Work Commission –Whether appropriate to stay Court proceedings pending outcome of proceedings before an administrative tribunal – Where outcome of proceedings before Fair Work Commission may affect utility of the grant of declaratory relief by the Court – Where employer contends that decision in proceedings for declaratory relief may assist Fair Work Commission to avoid jurisdictional error - Where ongoing dispute has practical consequences for employees – Whether unexplained delay in bringing stay application determinative