Fair Work Act 2009

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 acting through its NSW/QLD/VIC/TAS (Interim Governance) Branch (TWU or Applicant) made under s.437 of the Fair Work Act 2009 (the 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 30 September 2025, the Commission was advised by Linfox that the Employers did not object to 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 declaration of Benjamin Sweaney, Union Official, 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 15 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

• [7] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended minimum period of written notice for the purposes of s.414(2)(b) of the Act when taking industrial action set out in the Order made by the Commission. The extended notice period of five (5) working days applies to the actions listed in questions 2 to 5 (only in relation to stoppages on the performance of work for periods of over four hours) in Clause 5 of the Order.

• [8] An Order has been separately issued in PR792252.

• [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, 10 working days from the making of the Order and was the period sought in the application.

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