[1] This decision concerns an application made pursuant to s.437 of the Fair Work Act 2009 (the Act) by the Transport Workers' Union of Australia (TWU). The TWU seeks a protected action ballot order in relation to certain employees of Linfox Armaguard Pty Ltd (Employer).

[2] The Employer advised by email on 8 July 2011 that it did not oppose the application. I have decided that it is not necessary to have a hearing in this matter. I rely upon the matters referred to in the application and in a statement of Mr Pinkas, an officer of the TWU.

[3] I am satisfied that the requirements in ss443(1)(a) and (b) have been met and that, accordingly, an order must be made. An order [PR511399] based on the draft provided by the TWU will issue at the same time as this decision.

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