1 Fair Work Act 2009 s.437—Protected action United Workers’ Union v Symbion Pty Ltd T/A Onelink (B2023/318) VICE PRESIDENT CATANZARITI SYDNEY, 11 APRIL 2023 Proposed protected action ballot of employees of Symbion Pty Ltd [1] This is an application by the United Workers’ 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 Symbion Pty Ltd T/A Onelink (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 Anna Thwaites of the Applicant declared on 4 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 PR761014. VICE PRESIDENT [2023] FWC 866 DECISION [2023] FWC 866 2 Printed by authority of the Commonwealth Government Printer <PR761015>