On 28 July 2025, Linfox filed an application with the State Administrative Tribunal of WA, seeking an exemption from certain provisions of the Equal Opportunity Act 1984 (WA). This exemption is required for Linfox to comply with its contracts and sub-contracts with the Commonwealth of Australia, in particular in relation to the services we provide to the Australian Defence Force and the necessary restrictions which are in place regarding those who have access to defence materials as part of providing those services. Linfox has exemption orders in place in several jurisdictions, and have previously had exemption orders granted in WA in 2015 and 2020. Linfox has made the application because it requires a further order.
The matter is being heard by Senior Member Evans-Bonner of the State Administrative Tribunal of WA. The Senior Member has issued orders requiring Linfox to, among other steps, send this email to all Western Australian employees and contractors, with the following notice:
An application has been made by Linfox Australia Pty Ltd for an exemption from sections 37, 39 and 49 of the Equal Opportunity Act 1984 (WA) insofar as those sections extend to the race of applicants for employment, employees and contract workers of the applicant. If any person wishes to be a party to this application for exemption, they must by 26 September 2025 notify, in writing, the State Administrative Tribunal at Level 6, State Administrative Tribunal Building, 565 Hay Street, PERTH WA 6000 by post, fax (08 9325 5099) or in person lodgement and a determination will be made at a later date as to whether such a person may be added as a party to the application. The application is next listed for a directions hearing in the State Administrative Tribunal at 11.30 am on 10 October 2025.
The orders sought in the application are available here.
If you have any questions regarding the application, please contact Defence HR at Defence_HR@linfox.com.