Fair Work Commission|2022-06-24

Transport Workers' Union of Australia v PFD Food Services Pty Ltd [2022] FWC 1630 (24 June 2022)

s.437 - Protected action

Proposed protected action ballot of employees of PFD Food Services Pty Ltd

[1] This is an application by the Transport Workers' Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of PFD Food Services Pty Ltd (Respondent).

[2] On 22 June 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

[3] In the circumstances, I have decided to determine the matter on the papers without holding a hearing. I have considered correspondence sent by the parties.

[4] On the basis of the material before me, including the statutory declaration of James Wilkinson of the Applicant declared on 20 June 2022, setting out the steps taken by it in bargaining with the Respondent and that it has been, and is, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

Printed by authority of the Commonwealth Government Printer

Transport Workers' Union of Australia v PFD Food Services Pty Ltd [2022] FWC 1630