Transport Workers' Union of Australia v Linfox Armaguard Pty Ltd

The Transport Workers' Union of Australia sought a ballot order for proposed protected action by employees of Linfox Armaguard Pty Ltd. The application was made to the Fair Work Commission. The dispute centred on whether the application for a ballot was properly made, whether the union official who signed and lodged the application had the requisite authority, and whether additional notice of the proposed industrial action was required. The Commission also considered whether exceptional circumstances existed that warranted an extension of time for certain forms of action and whether to grant such an extension.

The Commission first examined the authority of the union official to sign and lodge the application. It found that the official was authorised to act on behalf of the union and that the application was validly made. Regarding the additional notice, the Commission determined that the employees had already been given adequate notice of the proposed industrial action. However, it found that exceptional circumstances existed, which warranted an extension of time for certain forms of action. The Commission considered the potential impact of the industrial action on the public and the need for additional time to mitigate any disruption.

Consequently, the Commission granted an extension for certain forms of action and issued a ballot order. The ballot order was issued to allow the employees to vote on the proposed protected action, subject to the granted extension. The Commission's decision balanced the rights of the employees to take protected action with the need to minimise any potential disruption to the public.