1 Fair Work Act 2009 s.437—Protected action Construction, Forestry, Maritime, Mining and Energy Union v Ventia (Australia) Pty Ltd (B2023/75) VICE PRESIDENT CATANZARITI SYDNEY, 3 FEBRUARY 2023 Proposed protected action ballot of employees of Ventia (Australia) 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 Ventia (Australia) Pty Ltd (Respondent). [2] On 3 February 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 Anthony Dimitriou of the Applicant declared on 1 February 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 PR750230. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2023] FWC 302 DECISION [2023] FWC 302 2 <PR750231>