1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Construction, Forestry, Maritime, Mining and Energy Union v Tuftex Carpets Pty Ltd T/A Tuftmaster (B2022/64) DEPUTY PRESIDENT CLANCY MELBOURNE, 10 FEBRUARY 2022 Proposed protected action ballot of employees of Tuftex Carpets Pty Ltd T/A Tuftmaster. [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 (Act) for a protected action ballot order in relation to certain employees of Tuftex Carpets Pty Ltd T/A Tuftmaster (Respondent). [2] On 10 February 2022, 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 Ms Jennifer Kruschel 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. [2022] FWC 271 DECISION [2022] FWC 271 2 [5] An order has been separately issued in PR738236. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR738235>