1 Fair Work Act 2009 s.437—Protected action The Australian Workers' Union v Atlas Programmed Marine Pty Ltd (B2023/436) VICE PRESIDENT CATANZARITI SYDNEY, 12 MAY 2023 Proposed protected action ballot of employees of Atlas Programmed Marine Pty Ltd [1] This is an application by the Australian 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 Atlas Programmed Marine Pty Ltd (Respondent). [2] On 11 May 2023, the Fair Work Commission was advised that 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 Jason John Lipscombe of the Applicant declared on 10 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 PR761860. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2023] FWC 1131 DECISION [2023] FWC 1131 2 <PR761861>