1 Fair Work Act 2009 s.437—Protected action Australian Municipal, Administrative, Clerical and Services Union v Aurizon Operations Limited and Aurizon Network Pty Ltd (B2023/50) VICE PRESIDENT CATANZARITI SYDNEY, 27 JANUARY 2023 Proposed protected action ballot of employees of Aurizon Operations Limited and Aurizon Network Pty Ltd [1] This is an application by the Australian Municipal, Administrative, Clerical and Services 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 Aurizon Operations Limited and Aurizon Network Pty Ltd (Respondent). [2] On 25 January 2023, 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 Christopher McJannett of the Applicant declared on 20 January 2023, 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 PR750026. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2023] FWC 242 DECISION [2023] FWC 242 2 <PR750027>