1 Fair Work Act 2009 s.437 - Application for a protected action ballot order The Association of Professional Engineers, Scientists and Managers, Australia v CS Energy Limited (B2020/426) VICE PRESIDENT CATANZARITI SYDNEY, 10 AUGUST 2020 Proposed protected action ballot of employees of CS Energy Limited. [1] This is an application by The Association of Professional Engineers, Scientists and Managers, 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 CS Energy Limited (Respondent). [2] On 10 August 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 declaration of Mr Thomas Whibley of the Applicant declared on 7 August 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 PR721703. VICE PRESIDENT [2020] FWC 4193 DECISION [2020] FWC 4193 2 Printed by authority of the Commonwealth Government Printer <PR721702>