1 Fair Work Act 2009 s.437 - Application for a protected action ballot order Transport Workers' Union of Australia v Linfox Armaguard Pty Ltd T/A Armaguard (B2024/244) DEPUTY PRESIDENT HAMPTON ADELAIDE, 22 MARCH 2024 Proposed protected action ballot of employees of Linfox Armaguard Pty Ltd [1] 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 T/A Armaguard (Armaguard or Employer). [2] On 21 March 2023, the Commission was advised that Armaguard, in effect, did not object to the Application.1 [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 Mr Peter Mancuso on behalf of the TWU, setting out the steps taken by the TWU in bargaining with the Employer 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 the Australian Electoral Commission. 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 8 May 2024.2 This also establishes the ballot period for the purpose of s.448A(2) of the Act. [6] I am satisfied that there are relevant exceptional circumstances required by s.443(5), justifying an extended period of 5 working days written notice for the purposes of s.414(2)(b) of the Act when taking the forms of the industrial action set out in Clause 5 of the Order made by the Commission. [7] An order has been separately issued in PR772639. [2024] FWC 748 DECISION [2024] FWC 748 2 [8] 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 involved 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 Printed by authority of the Commonwealth Government Printer <PR772641> 1 The parties had engaged in discussions regarding the notice period for the taking of protected industrial action. The parties agreed to an extended period of notice, which I have outlined within Paragraph 7 of this Decision. 2 This is, in effect, 30 working days from the making of the Order, which is the period required by the Australian Electoral Commission to conduct a ballot.