RIGHT OF ENTRY – dispute over right of entry – s.505 Fair Work Act 2009 – application by MUA to deal with right of entry dispute – interim decision issued by Commission – following interim decision Commission satisfied exclusions contained in MUA’s Registered Rules not relevant for purpose of current application – whether MUA entitled to represent industrial interests of non-management employees on Hydro Deck – whether relevant employees ‘waterside workers’ – Commission held eligibility rules should be liberally construed and ‘waterside workers’ to be given ordinary meaning [ETU] – non-management employees held to have engaged in loading and unloading ships considered to be ‘waterside workers’ within ordinary meaning – whether Commission invested with power to make declaration that MUA entitled to represent interests of employees on Hydro Deck – respondent submitted Commission did not have jurisdiction to deal with application as it did not deal with dispute regarding operation of Part 3-4 of FW Act – respondent contended s.505 of operation of FW Act limited to how right of entry may be exercised not whether right exists – Commission held it was entitled to ascertain what rights and obligations should exist [PNCS v FSU] – Commission not exercising judicial powers in determining dispute – non-management employees on Hydro Deck held to be waterside workers – MUA entitled to represent industrial interests – permit holder of MUA meets test in s.484(b) – order to be issued. Maritime Union of Australia v JKC Australia LNG P/L
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