Australian Manufacturing Workers' Union (AMWU) v ResMed Limited
[2016] FWCFB 2480
•21 April 2016
| [2016] FWCFB 2480 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work (Registered Organisations) Act 2009
s.158(1) RO Act - Application for alteration of eligibility rules
v
ResMed Limited
(D2014/70)
VICE PRESIDENT HATCHER | SYDNEY, 21 APRIL 2016 |
AMWU rules alteration.
[1] On 18 January 2016 we issued a decision in this matter 1 in which we determined, pursuant to s.158 of the Fair Work (Registered Organisations) Act 2009, to grant consent in part to an amendment by the Australian Manufacturing Workers Union (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. The relevant conclusions stated in our earlier decision were as follows:
“[142] In conclusion therefore, we will grant consent to the rule alteration in part only, that part being employees engaged in that component of the ResMed business currently conducted in the Manufacturing Centre who are not managers.
[143] It will be necessary to effect a textual amendment to the rule alteration in order to give effect to our partial consent. We intend to give the parties an opportunity to advance proposals as to the form of such a textual amendment, and to make further submissions in that connection. Directions will be made to facilitate this. The textual amendment should avoid the use of terms and labels which are referable to ResMed’s business as currently conducted but which are liable to become outmoded. It should also, as far as practicable, not leave room for any doubt as to which ResMed employees are encompassed by the AMWU’s eligibility rule as a result of the alteration.”
[2] We have since received submissions from both the AMWU and ResMed in relation to the form of rules alteration to be given final consent. ResMed’s submissions included a proposal for the text of the rule alteration which was advanced without prejudice to its current application in the Federal Court of Australia for judicial review of our 18 January 2016 decision. The AMWU advanced two alternative proposals which were different in structure but not effect.
[3] ResMed’s proposal would not give effect to our earlier decision, since it seeks to confine the extended coverage to discrete functions within ResMed’s manufacturing operations. It is rejected. We have determined that the AMWU’s second alternative is closest to the result we intend. However we consider that the drafting of the proposal may be improved in some respects, and we consider that the rules alteration should contain a specific reference to the Manufacturing Centre.
[4] The form of rules alteration which we are currently inclined to approve is as follows:
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 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 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.
[5] We will give the AMWU and ResMed a final opportunity to make submissions in respect of the above proposed rules alteration. Each party is directed to lodge any written submissions it wishes to make within seven days of the date of this decision.
VICE PRESIDENT
Final written submissions:
27 January 2016 and 7 April 2016 – AMWU
5 February 2016 and 14 April 2016 – ResMed Limited
1 [2016] FWCFB 22
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