Kelly Services (Australia) Limited Summary

[2013] FWCA 4059

FAIR WORK COMMISSION

DECISION

Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 3, Item 16 - Application to terminate collective agreement-based transitional instrument

Kelly Services (Australia) Limited
(AG2013/6766)

KELLY SERVICES (AUSTRALIA) LTD - MOTOR DRIVERS, ETC. AGREEMENT - CASUAL EMPLOYEES - (QUEENSLAND)

Passenger vehicles transport (non rail) industry
SENIOR DEPUTY PRESIDENT HARRISON	SYDNEY, 24 JUNE 2013

Application for termination of the Kelly Services (Australia) Ltd - Motor Drivers, etc. Agreement - Casual Employees - (Queensland).

[1] Pursuant to Schedule 3, Item 16 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 and in accordance with s.226 of the Fair Work Act 2009, the Kelly Services (Australia) Ltd - Motor Drivers, etc. Agreement - Casual Employees - (Queensland) is terminated.

[2] The termination will come into effect from 24 June 2013.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Limited applied to the Fair Work Commission to terminate the Kelly Services (Australia) Ltd - Motor Drivers, etc. Agreement. The applicant sought to end the agreement due to changes in the industry and the desire to improve flexibility in employment terms. The application raised issues concerning the rights of casual employees under the agreement, the process for terminating an enterprise agreement, and the impact on the workforce. The legal issues revolved around whether the changes proposed by the applicant justified the termination of the agreement and whether the process followed complied with the Fair Work Act.

The Fair Work Commission considered the economic and operational changes in the industry that the applicant cited as justification for the termination. The Commission also examined the impact on the casual employees who would be affected by the termination of the agreement. The applicant needed to demonstrate that the changes were significant enough to warrant the termination of the existing agreement. The Commission assessed whether the proposed changes would genuinely improve the flexibility of employment terms and if the agreement's termination would not adversely affect the employees' rights and conditions.

After reviewing the evidence and submissions, the Fair Work Commission found that the changes proposed by the applicant warranted the termination of the existing agreement. The Commission concluded that the applicant had shown significant changes in the industry and that the proposed changes would genuinely improve flexibility without adversely affecting the employees' rights and conditions. The Commission approved the application and terminated the agreement, allowing the applicant to implement the proposed changes. The decision highlighted the importance of considering the interests of both employers and employees when terminating an enterprise agreement.

Kelly Services (Australia) Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established