1 Fair Work Act 2009 s.437—Protected action Construction, Forestry, Maritime, Mining and Energy Union v Maules Creek Coal Pty Ltd T/A Maules Creek Open Cut Mine (B2023/328) VICE PRESIDENT CATANZARITI SYDNEY, 11 APRIL 2023 Proposed protected action ballot of employees of Maules Creek Coal Pty Ltd T/A Maules Creek Open Cut Mine [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 Maules Creek Coal Pty Ltd (Respondent). [2] On 11 April 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 Jeremy McWilliams of the Applicant declared on 6 April 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 PR761011. VICE PRESIDENT [2023] FWC 864 DECISION [2023] FWC 864 2 Printed by authority of the Commonwealth Government Printer <PR761012>