Section 443(1) of the Fair Work Act 2009 (Cth) imposes only two preconditions for a protected action ballot order: an application under s 437 and FWA satisfaction that the applicant is genuinely trying to reach agreement. There is no requirement that bargaining has commenced under Pt 2-4 of the Act. The phrase 'genuinely trying to reach an agreement' requires at minimum that the applicant has approached the employer, disclosed the general ambit of the proposed agreement, and the employer has foreshadowed its attitude.
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