ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – jurisdiction – s.739 Fair Work Act 2009 – dispute arising under Qube Ports P/L and Maritime Union of Australia Enterprise Agreement 2011 (the Port of Bunbury) – MUA submitted dispute settlement procedure had not been followed and Commission did not have jurisdiction to hear and determine dispute – night shift employees were required to commence wash-down of loading area after loading Trans Friendship 1 – Commission satisfied had jurisdiction to hear and determine the substantive dispute and dismissed MUA’s objection – Golden Cockerel considered in relation to interpretation of subclauses 1.7(b) and (c) of agreement – Commission interpreted employees can conduct wash-down on night-shift on three conditions: imminent berthing of a vessel, berth at which vessel has to be cleaned, and that there has been no prior opportunity to complete the task of cleaning before the berthing of the vessel – found that in event of dispute application should be dealt with pursuant to clause 45 of agreement. Qube Ports P/L t/a Qube Port, Qube Bulk, Qube Ports and Bulk v Maritime Union of Australia
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