Transport Workers' Union of Australia v Linfox Armaguard Pty Ltd, Prosegur Australia Pty Limited and Point 2 Point Secure Pty Ltd Summary

[2025] FWC 2893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

Transport Workers' Union of Australia
v
Linfox Armaguard Pty Ltd, Prosegur Australia Pty Limited and Point 2 Point Secure Pty Ltd

(B2025/1517)

DEPUTY PRESIDENT WRIGHT

SYDNEY, 29 SEPTEMBER 2025

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

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.

Linfox is the parent company of the employers referenced above. On 29 September 2025, the Commission was advised by Linfox that the Employers did not object to the Application.

In the circumstances, I have decided to determine the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Gavin Webb, Chief Legal Officer, 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.

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.

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 14 October 2025.[1] This also establishes the ballot period for the purpose of s.448A(2) of the Act.

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.

An Order has been separately issued in PR792199.

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.

DEPUTY PRESIDENT

[1] This is, in effect, 10 working days from the making of the Order and was the period sought in the application.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Transport Workers' Union of Australia (TWU) filed an application under Section 437 of the Fair Work Act 2009 for a protected action ballot order concerning certain employees of Linfox Armaguard Pty Ltd, Prosegur Australia Pty Limited, and Point 2 Point Secure Pty Ltd, collectively referred to as the employers. Linfox, the parent company, indicated that it did not oppose the application, and consequently, the matter was decided on the basis of the submitted documents without a hearing. The ballot is to be conducted by Fair Vote Services Pty Ltd, which has been approved as an eligible ballot agent under Section 468A of the Act.

The key legal issues before the Commission were whether the notification period for the proposed agreement had been met, and if all requirements of Section 443(1) of the Act were satisfied. The Commission was required to determine if there were relevant exceptional circumstances to justify an extended minimum period of written notice, as stipulated in Section 443(5) of the Act. Additionally, the Commission had to decide on the closing date for the ballot voting, which was set to be 14 October 2025, and whether this date constituted the ballot period for the purposes of Section 448A(2) of the Act.

The Deputy President concluded that all statutory requirements had been met, and the TWU had genuinely attempted to reach an agreement with the employers. The extended notice period of five working days applied to specific actions listed in Clause 5 of the order, specifically regarding stoppages on work performance for periods exceeding four hours. The decision included the issuance of an Order to set the closing date for voting and to mandate the attendance of all bargaining representatives at a compulsory conciliation conference to conduct meaningful negotiations. Further directions were expected to ensure that the parties were prepared to engage in these negotiations.

Transport Workers' Union of Australia v Linfox Armaguard Pty Ltd, Prosegur Australia Pty Limited and Point 2 Point Secure Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established