Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Manufacturing Workers' Union v ResMed Limited [2015] FCA 788 Citation: Australian Manufacturing Workers' Union v ResMed Limited [2015] FCA 788
Parties: "AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION" KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS' UNION (AMWU) v RESMED LIMITED
File number(s): NSD 834 of 2015
Judge(s): BUCHANAN J
Date of judgment: 3 August 2015
Catchwords: INDUSTRIAL LAW – redundancy – workplace change – obligation to consult representative – whether a union may represent persons not eligible to be members PRACTICE AND PROCEDURE – interlocutory injunction – standing to claim final relief – whether arguable case for final relief – balance of convenience where remedies remain available as final relief
Legislation: Fair Work Act 2009 (Cth), ss 540, 540(2), 540(6), 540(6)(a), 540(6)(b), 540(6)(b)(ii), 545 Fair Work (Registered Organisations) Act 2009 (Cth) Manufacturing and Associated Industries and Occupations Award 2010 (Cth), cll 9, 9.1, 9.1(a), 9.1(b), 9.1(b)(i)
Cases cited: Award Modernisation Case (2008) 175 IR 120 Award Modernisation Statement (2008) 177 IR 8 Award Modernisation (2008) 177 IR 364 R v Williams; Ex parte Australian Building Construction Employees' and Builders Labourers' Federation (1982) 153 CLR 402 Re Consultation clause in modern awards (2013) 238 IR 282 Termination, Change & Redundancy Case (1984) 8 IR 34 Termination, Change & Redundancy Case (1984) 9 IR 115 ResMed Ltd v Australian Manufacturing Workers' Union [2015] FCA 615 ResMed Limited v Australian Manufacturing Workers' Union (No 2) [2015] FCA 537 ResMed Limited v Australian Manufacturing Workers' Union [2015] FCA 379 ResMed Limited v Australian Manufacturing Workers' Union [2015] FCA 360 ResMed Limited v Australian Manufacturing Workers' Union (AMWU) [2015] FWC 4007 ResMed Limited v Australian Manufacturing Workers' Union [2015] FWC 3261 ResMed Limited v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union (AMWU) [2015] FWC 848 ResMed Limited v The Australian Manufacturing Workers' Union (AMWU) [2014] FWCFB 3501 ResMed Limited v The Australian Manufacturing Workers' Union (AMWU) [2014] FWCFB 2418 "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" known as the Australian Manufacturing Workers' Union (AMWU) v ResMed Limited [2013] FWC 9725
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