GENERAL PROTECTIONS – extension of time – amendment of application -ss.365, 586 Fair Work Act 2009 – application to deal with contraventions involving dismissal made by AWU on behalf of six members – lodged five days outside statutory timeframe – application to amend general protections application by addition of further respondents – employees engaged by MPC Gas under the Murphy Pipe and Civil Gas QCLNC Upstream Project Works redundant – MPC Operations Labour employed employees – employees now subject to Old Employee Collective Enterprise Agreement 2014 – AWU alleged work undertaken by employees work previously covered by Murphy Pipe and Civil Gas QCLNC Upstream Project Works Enterprise Agreement 2011 – AWU alleged adverse action against employees because employees had a workplace right being entitlement to benefit of Murphy Pipe and Civil Gas QCLNC Upstream Project Works Enterprise Agrement 2011 – AWU submitted MPC Operations Labour was involved in contravention of s.340(1) – whether exceptional circumstances to extend time – AWU relied on reason for delay being a representative error – general protections application indicated AWU applicant represented by Maurice Blackburn Lawyers – representative error may constitute exceptional circumstances and be sufficient reason to extend time [Interstate Transport P/L] Commission found AWU was not acting as a representative when general protections application made – employees did not provide instructions to AWU to make application – Commission did not accept to exercise discretion to extend time where AWU was the applicant – whether Commission has power under s.586 to amend general protections application by adding MPC Construction as a Respondent – AWU asserted being unaware of involvement of MPC Constructions when application was made – must be treated as a fresh application against the Company – application made outside of time – Commission accepted company structures under MPC Construction operates is complex – Commission not satisfied exceptional circumstances existed to allow exercise of discretion to extend time for making general protections application – application dismissed – application to amend general protections application also dismissed. The Australian Workers’ Union v Murphy Pipe & Civil Gas P/L and Ors
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