Australian Education Union v General Manager of Fair Work Australia Tim Lee & Ors

The Australian Education Union (AEU) sought judicial review of a decision made by the General Manager of Fair Work Australia (FWA). The dispute concerned the AEU's eligibility to represent members in certain industrial instruments, specifically those relating to the employment of school principals and other school leaders. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the AEU, as an organisation registered under the *Fair Work (Registered Organisations) Act 2009* (Cth), was eligible to have its rules certified by FWA under section 188 of the Act, which pertains to the eligibility of organisations to represent employees in relation to a particular award or agreement. This involved an interpretation of the AEU's rules and their alignment with the objects and provisions of the Act, particularly concerning the scope of its membership and representational capacity.

Gummow and Hayne JJ considered the AEU's registered rules and the statutory framework governing registered organisations. They reasoned that the AEU's rules, as registered, defined its membership and the scope of its representational rights. The court examined whether these rules, when applied to the context of school principals and leaders, fell within the intended scope of the *Fair Work Act 2009* (Cth) and the *Fair Work (Registered Organisations) Act 2009* (Cth). The judges concluded that the AEU's rules, as they stood, did not confer eligibility to represent the specific categories of employees in question for the purposes of the relevant industrial instruments.

The High Court dismissed the AEU's application for judicial review.