1 Fair Work Act 2009 s.437—Protected action Construction, Forestry, Maritime, Mining and Energy Union v Batchfire Callide Management Pty Ltd (B2021/115) VICE PRESIDENT CATANZARITI SYDNEY, 26 FEBRUARY 2021 Proposed protected action ballot of employees of Batchfire Callide Management Pty Ltd. [1] This is an application by the Construction, Forestry, Maritime, Mining and Energy Union (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 Batchfire Callide Management Pty Ltd (Respondent). [2] On 25 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 Mitch Hughes of the Applicant declared on 24 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 PR727338. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2021] FWC 1068 DECISION [2021] FWC 1068 2 <PR727339>