ResMed Limited v AMWU

ResMed Limited was engaged in a dispute with the Australian Manufacturing Workers' Union (AMWU), which was brought before the Fair Work Commission. The crux of the dispute was the union's challenge to the company's decision to implement changes to employee working conditions, which the union claimed were in breach of the applicable enterprise agreement. The Fair Work Commission was asked to determine whether the changes were lawful and whether the union's referral to a Full Bench was valid.

The legal issues before the Commission were whether the changes to the employees' working conditions were protected by an exemption under the Fair Work Act 2009, and whether the union's referral to a Full Bench was legitimate. The central issue was whether the changes were procedurally and substantively fair, and whether the union had the right to escalate the matter to a higher court. Additionally, the Commission had to consider the validity of the union's application for the referral.

The Commission found that the changes implemented by ResMed Limited were not exempt from the provisions of the Fair Work Act, and therefore, the union's challenge was valid. It was determined that the changes did not adhere to the required procedural fairness, as the company had not adequately consulted with the union. Furthermore, the substantive fairness of the changes was also called into question. The Commission ruled that the union's referral to a Full Bench was justified, as the changes had a significant impact on the employees' conditions of employment. Consequently, the application was granted, and the matter was referred to a Full Bench for further determination. The Commission ordered that the matter be referred to a Full Bench for a hearing to address the issues of procedural and substantive fairness, and the impact of the changes on the employees.