1 Fair Work Act 2009 s.437—Protected action The Association of Professional Engineers, Scientists and Managers, Australia v Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group; IVF Sunshine Coast Pty Ltd T/A The Fertility Centre (B2021/96) VICE PRESIDENT CATANZARITI SYDNEY, 23 FEBRUARY 2021 Proposed protected action ballot of employees of Queensland Fertility Group Pty Ltd, IVF Sunshine Coast Pty Ltd. [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 Queensland Fertility Group Pty Ltd T/A Queensland Fertility Group and IVF Sunshine Coast Pty Ltd T/A The Fertility Centre (Respondents). [2] On 19 February 2021, 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 Annalese Jack of the Applicant declared on 19 February 2021, 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 PR727240. [2021] FWC 993 DECISION [2021] FWC 993 2 VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR727241>