1 Fair Work Act 2009 s.437—Protected action Construction, Forestry, Maritime, Mining and Energy Union v Kimberley Ports Authority (B2023/508) VICE PRESIDENT CATANZARITI SYDNEY, 31 MAY 2023 Proposed protected action ballot of employees of Kimberley Ports Authority [1] This is an application by the Construction, Forestry, Maritime, Mining and Energy 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 Kimberley Ports Authority (Respondent). [2] On 31 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 Paul Brett of the Applicant declared on 16 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 PR762702. VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <PR762703> [2023] FWC 1293 DECISION