ENTERPRISE AGREEMENTS – dispute about matter arising under agreement – s.739 Fair Work Act 2009 – dispute arising under the Patricks Terminals Enterprise Agreement 2016 (the Agreement) – application for an interim order to restrain the respondent from requiring employees working in the rail operation at the Port Botany Terminal to load empty containers from Qube container yard onto trains – applicant alleges that respondent directing employees to perform work differently to accepted practices, and alleges a suspected breach of the Agreement – Commission considered the terms of the Agreement and ss.739(4) and (5) of the Act, and determined that the Commission had no jurisdiction to determine the interim order application because the Act limits the power of the Commission to arbitrate a dispute to the express terms of the dispute resolution procedure, in this case, clause 4.2 – the industrial action subject to the s.418 application before and interim orders by Deputy President Booth and orders of the Federal Court are in relation to the ‘matter at hand’, being ‘bans on the loading or unloading of trucks arriving at the rail yard’ – Commission held that it is bound by the Federal Court order – should the Commission be incorrect in its determination of jurisdiction, it further held that the application should be dismissed as to its merits by applying the principles in ABC v O’Neill – Commission held balance of convenience does not favour interim order being granted – application dismissed – matter to be determined in proceedings on 3 May 2017. Maritime Union of Australia v Patrick Stevedores Holdings P/L
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