1 Fair Work Act 2009 s.437—Protected action Australian Nursing and Midwifery Federation v Maitland Private Hospital Pty Ltd (B2023/162) VICE PRESIDENT CATANZARITI SYDNEY, 24 FEBRUARY 2023 Proposed protected action ballot of employees of Maitland Private Hospital Pty Ltd [1] This is an application by the Australian Nursing and Midwifery Federation – New South Wales Branch (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 Maitland Private Hospital Pty Ltd (Respondent). [2] On 23 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 Cameron Maxwell Stockley Smith of the Applicant declared on 22 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 PR751183. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2023] FWC 472 DECISION [2023] FWC 472 2 <PR751184>