Application/Notification by "Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWCFB 2714

[2016] FWCFB 2714

DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules
Australian Manufacturing Workers' Union (AMWU)
v
ResMed Limited
(D2014/70)
VICE PRESIDENT HATCHER
DEPUTY PRESIDENT LAWRENCE
COMMISSIONER JOHNS	SYDNEY, 10 MAY 2016
AMWU rules alteration.

1

[1] On 21 April 2016 we issued a decision in which we set out the form of the alteration

to the rules of the Australian Manufacturing Workers’ Union (AMWU) which we were

2  3

“currently inclined to approve” in order to give effect to our decision of 18 January 2016. In

that earlier decision we had determined to give partial consent, pursuant to s.158 of the Fair

Work (Registered Organisations) Act 2009 (RO Act), to an amendment by the AMWU of its

eligibility rule to extend its capacity to enrol as members persons employed by ResMed

Limited (ResMed) or otherwise working at ResMed’s facility at Bella Vista in Sydney.

[2]        The AMWU and ResMed were afforded an opportunity to make written submissions

about the proposed form of the rules alteration. Both parties made short further submissions.

ResMed’s submissions essentially re-iterated the position which it had put in earlier

submissions. The AMWU also relied on its earlier submissions, and specifically referred to

the proposition it had earlier advanced as to “the undesirability of confining the rule too

rigidly to specific descriptions functions or geographic locations where work is performed as

they currently exist”.

[3]        Having considered the submissions, we have concluded that the form of the rules

alteration should substantially be that set out in our decision of 21 April 2016. For clarity, the

inclusion of the reference to the Manufacturing Centre in paragraphs (a) and (b) of new sub-

rule 1N is not intended to limit the scope of the rule should there be a change to the structure

or location of ResMed’s manufacturing operations. That is made clear by the inclusion of the

references in parentheses and following the qualifying words “including, without limitation”,

and we have endeavoured to make this even clearer by the repetition of those qualifying

words. The rule change which we approve is intended to encompass all employees working in

ResMed’s manufacturing operations and ancillary functions or that of any successor, assignee
[2016] FWCFB 2714

or transmittee. The references to the Manufacturing Centre give guidance as to the minimum

scope of the rule in the context of ResMed’s current operational structure.

[4]        Pursuant to s.158 of the RO Act, we grant consent to the alteration to the AMWU’s

eligibility rule set out in the Annexure. The alteration shall take effect 14 days from the date

of this decision.

VICE PRESIDENT

Final written submissions:

28 April 2016 – AMWU

28 April 2016 – ResMed Limited

Printed by authority of the Commonwealth Government Printer

<Price code A, PR579729>

[2016] FWCFB 2714

ANNEXURE

The following new sub-rule is added to Rule 1, Name Objects and Constitution, of the

AMWU rules:

1N. Without in any way limiting or being limited by subrules 1A, 1B, 1C, 1D, 1E, 1F,

1G, 1H and 1I, the Union shall consist of:

(a) an unlimited number of persons who are employed or usually employed

within the manufacturing operations and ancillary functions of ResMed

Limited (including, without limitation, production, manufacturing,

maintenance and warehouse workers, line level coordinators, team

leaders, and local level supervisors, and also including, without

limitation, all other employees working in the component of ResMed

Limited’s business known as at 18 January 2016 as the “Manufacturing

Centre”), but not including managers.

(b) an unlimited number of persons who are employed or usually employed

in the manufacturing operations and ancillary functions of any successor,

assignee or transmittee of the whole or part of the business of ResMed

Limited (including, without limitation, production, manufacturing,

maintenance and warehouse workers, line level coordinators, team

leaders, and local level supervisors, and also including, without

limitation, all other employees working in the component of the business

known as at 18 January 2016 as the “Manufacturing Centre”), but not

including managers.

(c) for the avoidance of doubt, an unlimited number of persons employed by

any employer which supplies labour on an on-hire basis to perform work

within Rule 1N(a) and/or (b) above.

(d) for the avoidance of doubt, an unlimited number of apprentices and/or

trainees engaged by a group training service and hosted by ResMed

Limited in respect of work within Rule 1N(a) above or by any business in

respect of work within Rule 1N(b) above.

1

[2016] FWCFB 2480

2

Ibid at [4]

3

[2016] FWCFB 22