1 Fair Work Act 2009 s.437—Protected action Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Queensland Rail (B2023/429) VICE PRESIDENT CATANZARITI SYDNEY, 11 MAY 2023 Proposed protected action ballot of employees of Queensland Rail [1] This is an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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 Queensland Rail (Respondent). [2] On 9 May 2023, the Fair Work Commission was advised that the Respondent objected to the application, however the parties were able to reach a consent position. [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 Jason Young 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 PR761841. VICE PRESIDENT [2023] FWC 1127 DECISION [2023] FWC 1127 2 Printed by authority of the Commonwealth Government Printer <PR761842>