INDUSTRIAL DISPUTE – dispute resolution procedure – ss.418, 739 Fair Work Act 2009 – decision in relation to two applications made in relation to Patrick Stevedores Holdings P/L (Patrick) – application under s.418 made by Patrick seeking to stop industrial action and the other made under s.739 by the Maritime Union of Australia (MUA) a dispute alleging Patrick making employees work contrary to accepted practice and breach of the Patrick Terminal Agreement (Agreement) – the s.418 was subject of interim order to stop industrial action – s.739 application was the subject of a conference which was unable to resolve the dispute – in relation to the s.418 application the Commission found: the stoppages of work that occurred on 20 and 21 April met definition of industrial action under s.19 of the FW Act but were no longer happening and were not threatened, impending or probable – the bans on handling containers from Qube trucks was industrial action and that the MUA was organising industrial action – the employees have made a collective decision to refrain from offering themselves for overtime and accepting requests to extend shifts with no evidence that this is organised by the MUA – the Commission issued an order consistent with this decision – in relation to s.739 dispute the Commission found: that the industrial action that took place on 20 and 21 April 2017 operates as a bar to the exercise of the power of arbitration in the dispute resolution procedure – the Commission found it was unable to apportion industrial action to one part of the dispute and not another – the Commission declined to issue an order in relation to the s.739 dispute. Patrick Stevedores Holdings P/L v Maritime Union of Australia, The; Maritime Union of Australia, The v Patrick Stevedores Holdings P/L
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