1 Fair Work Act 2009 s.437 - Application for a protected action ballot order National Union of Workers-New South Wales Branch v Manildra Group T/A Manildra (B2017/1063) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 14 NOVEMBER 2017 Proposed protected action ballot of employees of Manildra Group. [1] This is an application by the National Union of Workers – NSW Branch (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Manildra Group (Respondent). [2] On 13 November 2017 my associate was advised that the Respondent did not object to the application. [3] In the circumstances, I have decided to determine the matters on the papers without holding a hearing. [4] On the basis of the material before me, including the statutory declaration of Mr G Cripps 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 PR597629. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code A, PR597630> [2017] FWC 5913 DECISION