ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – application for dispute under CBH Kwinana Plant Operators Collective Union Agreement 2013 – applicant alleged respondent did not comply with consultation about change clause in enterprise agreement when engaging 11 additional casual employees as plant operators – casuals employed for peak harvest period – applicant also sought status quo remain until dispute resolved ie additional casuals employment to be on hold – applicant argued employment of additional casuals would reduce opportunity for existing employees to work overtime and full time hours – respondent contended employment of casuals is part of ordinary course of business not a workplace change – respondent had historically always recruited casual employees without consulting existing employees – Commission did not issue interim orders as applicant could not prove an arguable case – applicant would not suffer prejudice that cannot be remedied by damages – did not prove on balance of convenience favours making the orders sought – orders sought go beyond the scope of the dispute – Commission considered original employees cannot be required to work additional hours – employees’ acceptance of hours is voluntary – employees restricted in working additional hours due to fatigue management policy – Commission determined consequences of issuing orders weighs more against respondent – no decision made with respect to status quo provision – interim orders not issued. The Maritime Union of Australia v Co-operative Bulk Handling Ltd t/a CBH Group
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