Qdrivers First T/A Professional Drivers Association of Australia v Scott's Refrigerated Freightways Pty Ltd T/A Scott's Refrigerated Freightways

[2021] FWC 6618

[2021] FWC 6618

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.437—Protected action

Qdrivers First T/A Professional Drivers Association Of Australia
v
Scott’s Refrigerated Freightways Pty Ltd T/A Scott’s Refrigerated Freightways
(B2021/1224)

DEPUTY PRESIDENT CLANCY MELBOURNE, 17 DECEMBER 2021

Proposed protected action ballot of employees of Scott’s Refrigerated Freightways Pty Ltd

[1] This is an application by Qdrivers First T/A Professional Drivers Association Of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Scott’s Refrigerated Freightways Pty Ltd T/A Scott’s Refrigerated Freightways (Respondent).

[2] On 16 December 2021, the Respondent advised it did not wish to file submissions or a witness statement in this matter and did not object to the application should the Commission form a view that the application meets the legislative criteria.

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

[4] On the basis of the material before me, including the declaration of Mr Darren Dickson of the Applicant 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 PR736866.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<PR736865>