United Workers' Union v Linfox Australia Pty Ltd Summary

[2025] FWC 2221

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.437 - Application for a protected action ballot order

United Workers' Union
v

Linfox Australia Pty Ltd

(B2025/1208)

DEPUTY PRESIDENT HAMPTON

ADELAIDE, 30 JULY 2025

Proposed protected action ballot of employees of Linfox Australia Pty Ltd

This is an application by the United Workers’ Union (UWU 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 Australia Pty Ltd (Linfox or Employer).

The application is not opposed. Further, on 30 July 2025, the Commission was advised that the parties had reached a consent position in relation to the inclusion of an extended notice period for taking protected industrial action.

In the circumstances, I have decided to amend the application to reflect the consent position reached and otherwise determined the matter on the papers without holding a hearing.

On the basis of the material before me, including the declaration of Alycia Economidis, Co-ordinator - Logistics, setting out the steps taken by the UWU in bargaining with Linfox, and that it has been, and is, genuinely trying to reach agreement with it, 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 15 August 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 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 minimum extended notice period of five (5) working days applies to the items listed within Clause 5 of the Order.

An Order has been separately issued in PR790177.

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 the specific date requested in the application and is 12 working days from the date of the order.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission considered an application from the United Workers' Union for a protected action ballot order concerning certain employees of Linfox Australia Pty Ltd. The application was unopposed, and the Commission was informed that the parties had agreed on an extended notice period for the protected industrial action. Consequently, the Commission amended the application to reflect the consent position and determined the matter based on the presented documents. The Commission was satisfied that all requirements under s.443(1) of the Fair Work Act 2009 were met, including the notification time for the proposed agreement and the union's genuine efforts in bargaining with the employer. The ballot was to be conducted by Fair Vote Services Pty Ltd, an approved agent under s.468A of the Act. The Commission set the closing date for voting as 15 August 2025, establishing the ballot period for the purpose of s.448A(2) of the Act.

The legal issues before the Commission included whether the union had satisfied the notification time requirement and all other prerequisites for a protected action ballot as per s.443(1) of the Act. Additionally, the Commission needed to determine if there were exceptional circumstances justifying an extended period of written notice for taking industrial action under s.414(2)(b) of the Act. Based on the evidence, the Commission concluded that the union had met the necessary criteria for a protected action ballot and that exceptional circumstances did exist, warranting the extended notice period of five working days for the specified industrial actions. The Commission issued an order to reflect these findings, and the matter was assigned to another Member for a compulsory conciliation conference.

The Commission determined that the United Workers' Union had fulfilled all requirements for a protected action ballot, including the notification time and genuine bargaining efforts. It was also satisfied that exceptional circumstances existed to justify an extended notice period for taking industrial action. Accordingly, the Commission amended the application to include the agreed extended notice period and issued an order accordingly. The ballot was to be conducted by Fair Vote Services Pty Ltd, and the closing date for voting was set as 15 August 2025. The matter was referred to another Member for a compulsory conciliation conference to facilitate further negotiations between the parties.

United Workers' Union v Linfox Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established