1 Fair Work Act 2009 s.437—Protected action United Workers’ Union v The Trustee For ePharmacy Unit Trust (B2023/336) DEPUTY PRESIDENT CLANCY MELBOURNE, 13 APRIL 2023 Proposed protected action ballot of employees of The Trustee for ePharmacy Unit Trust. [1] This is an application by the United Workers’ Union (Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of The Trustee For ePharmacy Unit Trust (Respondent). [2] On 13 April 2023 my Associate was advised that the Respondent did not object to 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 declaration of Ms Anna Thwaites of the Applicant 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 PR761072. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR761071> [2023] FWC 876 DECISION