On 13 December 2017 the High Court handed down its decision in Regional Express Holdings Limited v Australian Federation of Air Pilots [2017] HCA 55. The High Court has confirmed that the expression “eligible to represent the industrial interests of”, as used in various sections of the Fair Work Act 2009 (Act), includes both Members of a registered organisation and Non-members who are eligible to be Members.

The expression is important in the sections of the Act relating to bargaining representatives, protected industrial action and union right of entry, amongst others.

The decision traces the history of the expression and discusses relevant cases.

If you would like more information about enterprise bargaining, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like assistance in determining whether a union is eligible to represent particular employees, please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at info@aigroupworkplacelawyers.com.au.