ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – application to deal with a dispute about payment of overtime for employees who do not get rostered days offs under MC Labour Services P/L (MC Labour) and the CFMEU (Victorian Construction and General Division) Labour Hire Industry Enterprise Agreement 2016-2018 (the Agreement) – MC Labour did not object to the application but said the applicant was not a bargaining representative for the Agreement, was not covered by the Agreement and no evidence the applicant had been appointed to represent employees under clause 10 of the Agreement – MC Labour claimed dispute resolution procedure at clause 10 of the Agreement not followed – applicant conceded it had not followed the procedure in a Mention on 1 August 2017 – parties agreed jurisdictional objection to be determined on the papers – AMWU v Berri P/L considered – Commission noted alleged dispute not submitted by employees or their representatives as mandated in Agreement and precondition for the dispute to be referred to the Disputes Panel and then to the Commission – Commission satisfied no present jurisdiction to deal with the alleged dispute – application dismissed. The Australian Workers’ Union v MC Labour Services P/L
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