1 Fair Work Act 2009 s.437—Protected action The Australian Licenced Aircraft Engineers Association v Virgin Tech Pty Ltd (B2023/419) VICE PRESIDENT CATANZARITI SYDNEY, 9 MAY 2023 Proposed protected action ballot of employees of Virgin Tech Pty Ltd [1] This is an application by the Australian Licenced Aircraft Engineers Association (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 Virgin Tech Pty Ltd (Respondent). [2] On 9 May 2023, the Fair Work Commission was advised that the Respondent neither consented nor objected 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 statutory declaration of Peter Gill of the Applicant declared on 8 May 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 PR761772. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR761773> [2023] FWC 1105 DECISION