DECISION

Fair Work Act 2009
s.437—Protected action

Transport Workers’ Union of Australia
v
Linfox Armaguard Pty Ltd T/A Armaguard
(B2019/268)

VICE PRESIDENT CATANZARITI

SYDNEY, 1 APRIL 2019

Proposed protected action ballot of employees of Linfox Armaguard Pty Ltd T/A Armaguard.

[1] This is an application by the Transport Workers’ Union of Australia (Applicant) made under s.437 of the Fair Work Act 2009 (Cth) (Act) for a protected action ballot order in relation to certain employees of Linfox Armaguard Pty Ltd T/A Armaguard (Respondent).

[2] On 1 April 2019, the Fair Work Commission was advised that the Respondent did not oppose 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 statutory declaration of Craig Williams of the Applicant declared on 1 April 2019, setting out the steps taken by them in bargaining with the Respondent and that they have been, and are, genuinely trying to reach agreement with the Respondent, I am satisfied that there is a notification time in relation to the proposed agreement and that the requirements in s.443(1) of the Act have been met.

[5] An Order has been separately issued in PR706442.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Transport Workers' Union of Australia sought an order against Linfox Armaguard Pty Ltd T/A Armaguard, seeking to compel the company to allow a proposed ballot of its employees regarding protected action. The Fair Work Commission was the court involved in this dispute.

The central legal issue before the Commission was whether Linfox Armaguard Pty Ltd was required to permit the Union to conduct a ballot of its employees concerning protected action. This issue was pivotal as it touched upon the rights of the employees to engage in protected industrial action and the obligations of the employer in facilitating such actions.

The Commission considered the applicable provisions of the Fair Work Act 2009, particularly those relating to the rights of employees to organise and participate in protected action. The Commission determined that Linfox Armaguard Pty Ltd was indeed required to allow the ballot to proceed. The reasoning was grounded in the legislative framework that protects the rights of employees to organise and participate in protected industrial action. The Commission concluded that the employer's obligation to facilitate such processes was clear and unambiguous under the Act.

Consequently, the Commission made an order requiring Linfox Armaguard Pty Ltd to permit the Union to conduct the proposed ballot of its employees regarding protected action. This decision underscored the importance of upholding the rights of employees to engage in collective bargaining and protected action as enshrined in the Fair Work Act.

Transport Workers' Union of Australia v Linfox Armaguard Pty Ltd T/A Armaguard

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established