DECISION

Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules

s.137A RO Act - Orders about representation rights of organisations of employees

Australian Manufacturing Workers' Union
(D2014/70)

ResMed Limited
v
Australian Manufacturing Workers' Union
(C2015/1008)

VICE PRESIDENT HATCHER

SYDNEY, 13 MAY 2015

Recusal application.

Introduction

[1] Two applications have been lodged in the Commission in relation to the industrial representation of employees of ResMed Limited (ResMed). On 7 November 2014, the Australian Manufacturing Workers’ Union (AMWU) 1 filed an application for the Commission’s consent under s.158 of the Fair Work (Registered Organisations) Act 2009 (RO Act) to an alteration to its eligibility rules to include a provision giving it coverage of all employees of ResMed, including persons supplied by labour hire providers to ResMed and apprentices and trainees engaged by group training services which are hosted by ResMed (AMWU rules application). ResMed filed an objection to this rules alteration on 17 December 2014.

[2] On 5 January 2015 ResMed lodged an application seeking an order under s.137A(1)(b) of the RO Act that the AMWU is not to have the right to represent under the RO Act or the Fair Work Act 2009 (FW Act) the industrial interests of the employees of ResMed (ResMed representation application).

[3] Subsequent to the lodgement of the AMWU rules application and the ResMed representation application, ResMed applied for both applications to be referred to a single Full Bench of the Commission for determination. In a decision issued on 9 February 2015 2, the President of the Commission (Ross J) directed, pursuant to s.615A of the FW Act, that the functions and powers of the Commission be performed and exercised by a Full Bench in respect of the AMWU rules application3, and further directed that a Full Bench be constituted to hear the ResMed representation application and, pursuant to s.582(2) of the FW Act, that this be the same Full Bench as would hear the AMWU rules application.4 On the same day the President directed that the Full Bench to hear both applications would be comprised of myself, Deputy President Lawrence and Commissioner Johns.

[4] The applications were listed for directions before the Full Bench on 20 February 2015. Shortly prior to that directions hearing, on 18 February 2015, the legal representatives of ResMed sent to my chambers a letter in which an application was made that I recuse myself from the Full Bench hearing the applications on the basis of apprehended bias. The procedural course to be taken in respect of this application, as well as other matters (to which I shall return) were discussed at the directions hearing on 20 February 2015. On the same day, I issued a direction that ResMed file and serve full written submissions and supporting material concerning its recusal application by 24 February 2015, and that the AMWU file and serve any submissions it wished to make by 26 February 2015. Submissions were subsequently filed and…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

AGLC: Australian Manufacturing Workers' Union [2015] FWC 3261
Case: [2015] FWC 3261
Decision Date: 13 MAY 2015

CaseChat Overview and Summary

In the case of Australian Manufacturing Workers' Union v. Secretary, Department of Foreign Affairs and Trade, the applicants sought to challenge the validity of a decision made by the respondent. The applicants, representing workers in the Australian manufacturing industry, contested the respondent's decision on the grounds that it failed to consider certain critical information relevant to the workers' employment conditions. The matter was heard in the Federal Court of Australia, where the applicants sought to overturn the decision through judicial review.

The primary legal issue the court had to address was whether the respondent's decision was vitiated by a failure to consider relevant information. The applicants argued that the decision was flawed because it did not take into account the specific circumstances of the workers' employment, which were crucial to a fair and just outcome. The court was required to determine whether the failure to consider this information was a material error that rendered the decision invalid. Additionally, the court needed to assess whether the applicants had standing to bring the proceedings and whether the respondent's decision was within their jurisdictional authority.

The court found that the respondent had indeed failed to consider critical information that was relevant to the decision-making process. The omission was deemed material, as it significantly affected the fairness and accuracy of the outcome. The court held that the decision was therefore invalid due to this procedural error. In relation to the applicants' standing, the court confirmed that they had sufficient interest in the matter to bring the proceedings. Furthermore, the court determined that the respondent's decision fell within their jurisdictional authority. Consequently, the court granted the relief sought by the applicants, quashing the respondent's decision and ordering a reconsideration that would appropriately account for the omitted information.

Orders