1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Australian Municipal, Administrative, Clerical and Services Union; The Association of Professional Engineers, Scientists and Managers, Australia v Sydney Water Corporation T/A Sydney Water (B2020/351) VICE PRESIDENT CATANZARITI SYDNEY, 3 JULY 2020 Proposed protected action ballot of employees of Sydney Water Corporation. [1] This is an application by The Australian Municipal, Administrative, Clerical and Services Union and The Association of Professional Engineers, Scientists and Managers (Applicants) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Sydney Water Corporation (Respondent). [2] On 2 July 2020, 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. [4] On the basis of the material before me, including the statutory declarations of Ms Judith Wright and Ms Natalie Falvey of the Applicants declared on 1 July 2020, setting out the steps taken by it in bargaining with the Respondent and that it has been, and are, 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 PR720727. [2020] FWC 3506 DECISION [2020] FWC 3506 2 VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR720726>