1 Fair Work Act 2009 s.437—Protected action Municipal and Utilities Workers Union v Maribyrnong City Council (B2023/368) DEPUTY PRESIDENT CLANCY MELBOURNE, 21 APRIL 2023 Proposed protected action ballot of employees of Maribyrnong City Council [1] This is an application by the Municipal and Utilities 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 Maribyrnong City Council (Respondent). [2] On 21 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 Mr Brian Parkinson 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 PR761308. DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <PR761307> [2023] FWC 962 DECISION