INDUSTRIAL ACTION – suspension of protected industrial action – cooling off – ss.425, 604 Fair Work Act 2009 – appeal – Full Bench – appeal against decision and order to suspend protected industrial action engaged by members of The Maritime Union of Australia (MUA) – MUA submitted order invalid as it did not specify particular industrial action which was suspended – MUA further submitted suspension of protected industrial action was inappropriate in circumstances – Full Bench held order to suspend may extend to any protected industrial action authorised to be taken by protected action ballot [NTEU] – approach consistent with purpose of s.425 of FW Act to allow ‘cooling off’ period in order to advance prospects of resolving matters in issue – factual errors contained in decision at first instance vitiate conclusion that suspension would be appropriate – characterisation of correspondence between parties as hostile incorrect – parties had agreed for further negotiations to occur – no cancellation by Patrick of any meetings nor did it harden its position with respect to negotiations – miscarriage of discretion in assessing appropriateness of suspension of protected industrial action – permission to appeal granted – appeal upheld – decision and order quashed – application listed for further telephone directions. Appeal by The Maritime Union of Australia against decision and order of Watson VP of 22 January 2016 [[2016] FWC 464] and [PR576370] Re: Patrick Stevedores Holdings P/L


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