1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Workers' Union, The v Fulton Hogan Industries Pty Ltd T/A Fulton Hogan (B2020/285) DEPUTY PRESIDENT GOSTENCNIK MELBOURNE, 28 MAY 2020 Proposed protected action ballot of employees of Fulton Hogan Industries Pty Ltd T/A Fulton Hogan. [1] This is an application by the Australian Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Fulton Hogan Industries Pty Ltd (Respondent). [2] On 27 May 2020, my Associate was advised that the Respondent did not object to the application. [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 R Mackintosh 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 PR719681. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR719680> [2020] FWC 2763 DECISION