ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – industrial action – ss.19, 474, 739 Fair Work Act 2009 – on 24 March 2016 there was a work stoppage at the Spice work site by 20 plumbers for approximately one hour – concerns were that there was a lack of employees holding first aid certificates – respondent docked four hours pay from all employees – determined stoppage constituted industrial action – applicant submitted stoppage did not constitute industrial action because management authorised it – dispute as to whether an enterprise agreement or a modern award applied to the relevant employees – both parties consented to the Commission resolving the dispute by arbitration so this issue did not need to be resolved – Commission held respondent authorised the work stoppage – instruction to stop work was given over radio by the respondent’s foreman – held applicant’s organiser did not direct the foreman to order the work stoppage because the respondent’s three managers on duty had enough experience to know only management could direct employees to stop work – held respondent also determined when employees returned to work – respondent directed by the Commission to recompense employees who had wages docked. Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Planet Plumbing (Qld) P/L
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