Q Drivers First T/A Professional Drivers Association of Australia v Transit (NSW) Services Pty Ltd and Transit Systems West Services Pty Ltd

[2022] FWC 838

[2022] FWC 838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437—Protected action

Q Drivers First T/A Professional Drivers Association of Australia

v

Transit (NSW) Services Pty Ltd and Transit Systems West Services Pty Ltd

(B2022/288)

VICE PRESIDENT CATANZARITI SYDNEY, 11 APRIL 2022

Proposed protected action ballot of employees of Transit (NSW) Services Pty Ltd and Transit Systems West Services Pty Ltd

1. This is an application by the Q Drivers First T/A Professional Drivers Association 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 Transit (NSW) Services Pty Ltd and Transit Systems West Services Pty Ltd (Respondent).

1. On 8 April 2022, the Fair Work Commission was advised that the Respondent did not oppose the application.

1. In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

1. On the basis of the material before me, including the statutory declaration of Darren Dickson of the Applicant declared on 7 April 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.

1. An Order has been separately issued in PR740275.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR740276>