s.437 - Application for a protected action ballot order

Linfox Armaguard Pty Ltd, Prosegur Australia Pty Limited and Point 2 Point Secure Pty Ltd

Proposed protected action ballot of employees of Linfox Armaguard Pty Ltd, Prosegur Australia Pty Limited and Point 2 Point Secure Pty Ltd - non-AEC ballot agent electronic voting

• [1] This is an application by the Transport Workers' Union of Australia (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (Act) for a protected action ballot order in relation to certain employees of Linfox Armaguard Pty Ltd (Linfox), Prosegur Australia Pty Limited (Prosegur) and Point 2 Point Secure Pty Ltd (Point 2 Point), collectively the Employers.

• [2] Linfox is the parent company of the employers referenced above. On 18 September 2025, the Commission was advised by Linfox that the Employers, in effect, did not object to the Application, subject to there being an extended minimum notice period in relation to the proposed forms of industrial action in questions two (2) (only for stoppages of over 4 hours), and three (3) of clause 5 of the order. The parties ultimately agreed, in effect, that there were relevant circumstances and that an extended notice period of five working days in relation to the proposed forms of industrial action was appropriate. The TWU subsequently provided an amended draft order to reflect the above consent position reached.

• [3] In the circumstances, I have granted leave to amend the application and decided to determine the matter on the papers without holding a hearing.

• [4] On the basis of the material before me, including the declaration of Alan MacGill, Lead Organiser, setting out the steps taken by the TWU in bargaining with the Employers and that it has been, and is, genuinely trying to reach agreement with them, I am satisfied that there is a notification time in relation to the proposed agreement and that all of the requirements in s.443(1) of the Act have been met.

• [5] The ballot is to be conducted by Fair Vote Services Pty Ltd (Fair Vote). Fair Vote has been approved as an eligible protected action ballot agent under s.468A of the Act and consequently is authorised to conduct the ballot.
• [6] For the purposes of s.443(3)(c) of the Act, the Commission has determined that the date by which voting is to close is 8 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [7] Pursuant to section 443(5) of the Act, I am satisfied that there are relevant exceptional circumstances justifying the period of written notice referred to in section 414(2)(b) of the Act being longer than three (3) working days. By consent, the Commission has specified five (5) working days as the minimum period of written notice required in respect of the industrial action taken by employees arising from question two (2) (only in relation to stoppages on performance of work for periods of over four hours) and three (3) in clause 5 of the Order.

• [8] An Order has been separately issued in PR791908.

• [9] This matter will be assigned to another Member of the Commission to conduct the s.448A compulsory conciliation conference. That Member will issue an Order requiring the attendance of all bargaining representatives in the proposed enterprise agreement at the conference. It is likely that Directions will also be issued to ensure that the parties attend the conference ready to conduct meaningful negotiations.

[1] This is, in effect, 12 working days from the making of the Order and was the period sought in the application.

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