High Court of Australia

Regional Express Holdings Limited v Australian Federation of Air Pilots [2017] HCA 55

13 Dec 2017

Case Number: M71/2017

Before

Kiefel CJ, Keane, Nettle, Gordon, Edelman JJ

Catchwords

Industrial relations – Fair Work Act 2009 (Cth) – Entitlement of industrial association to represent industrial interests of persons – Where industrial association registered organisation of employees under Fair Work (Registered Organisations) Act 2009 (Cth) – Where industrial association applied for orders in relation to alleged contraventions of civil remedy provisions in relation to persons – Where persons not members of industrial association but eligible for membership in accordance with eligibility rules of industrial association – Whether industrial association had standing to apply for orders on basis it was entitled to represent industrial interests of persons within meaning of s 540(6)(b)(ii) of Fair Work Act – Whether eligibility of persons for membership of industrial association sufficient to make industrial association entitled to represent industrial interests of persons within meaning of s 540(6)(b)(ii) of Fair Work Act.

Words and phrases – "Dunlop Rubber principle", "eligibility rules", "eligible for membership", "entitled to represent the industrial interests of", "industrial association", "registered organisation of employees".

Fair Work Act 2009 (Cth) – ss 539(2), 540(6)(b)(ii), 546.
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