ENTERPRISE AGREEMENTS – employee organisation coverage – application to be heard – s.185 Fair Work Act 2009 – application for approval of a single-enterprise agreement made by DOF Management Australia (DOF) – Maritime Union of Australia (MUA) made application to be heard as a full participant in the matter – DOF objected to MUA being heard in any capacity – Commission noted four avenues for employee organisation to establish standing in relation to agreement approval application – as a bargaining representative; as a matter of procedural fairness if right, interest or legitimate expectation adversely affected; if invited by the Commission; and on appeal if grievance beyond that of an ordinary member of public – Commission found default position of the MUA as bargaining representative ceased when DOF employees appointed bargaining representatives – held no right to be heard as a bargaining representative – Commission found that as proposed agreement specifically referred to the MUA and imposed on it rights and/or obligations to perform in specified ways functions or tasks which would not otherwise exist, the MUA had a right, interest or legitimate expectation that might be potentially affected by decision to approve agreement – as the MUA not a participant in agreement negotiations, ought to be given opportunity to be heard – held MUA had right to be heard as a matter of procedural fairness – Commission has broad power to inform itself under s.590 of FW Act – found that by permitting MUA to make submissions and lead evidence, Commission can properly inform itself in relation to concerns raised by MUA regarding proposed agreement – standing granted to MUA to appear and be heard with respect to the Application including opportunity to scrutinise issues of concern and cross examine witnesses. DOF Management Australia P/L
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