1 Fair Work Act 2009 s.437—Protected action National Tertiary Education Industry Union v The Australian National University (B2023/444) VICE PRESIDENT CATANZARITI SYDNEY, 16 MAY 2023 Proposed protected action ballot of employees of The Australian National University [1] This is an application by the National Tertiary Education Industry 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 The Australian National University (Respondent). [2] On 15 May 2023, the Fair Work Commission was advised that the Respondent did not oppose 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 Lachlan Anthony Clohesy of the Applicant declared on 11 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 PR761951. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer [2023] FWC 1157 DECISION [2023] FWC 1157 2 <PR761952>