Fair Work Act 2009

s.437 - Protected action

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

• [1] This is an application by the United Workers' Union (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 Martin de Rooy of the Applicant declared on 21 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.

• [5] An Order has been separately issued in PR743056.

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