Kelly Services (Australia) Limited

[2013] FWCA 3832

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
(AG2013/6969)

KELLY SERVICES (AUSTRALIA) LTD - CONFECTIONERS - CASUAL EMPLOYEES (VICTORIA) AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 17 JUNE 2013

Application for termination of the Kelly Services (Australia) Ltd - Confectioners - Casual Employees (Victoria) Agreement.

[1] Having considered the matters relied on by the applicant in support of this application, 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 - Confectioners - Casual Employees (Victoria) Agreement is terminated.

[2] The termination comes into effect from 17 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Limited applied to the Fair Work Commission for the termination of the Kelly Services (Australia) Ltd - Confectioners - Casual Employees (Victoria) Agreement. The applicants argued that the agreement was no longer appropriate due to significant changes in the industry and the workforce. The respondents, represented by the Australian Manufacturing Workers' Union, opposed the application, contending that the agreement was still relevant and beneficial to the employees.

The primary legal issues before the Commission were whether the changes in the industry justified the termination of the agreement and whether the agreement remained appropriate and beneficial for the casual employees. The Commission considered the principles of fairness and the need for an agreement to remain relevant and effective in representing the interests of the employees. It also assessed whether the changes were substantial enough to warrant the termination of the existing agreement.

The Commission determined that the changes in the industry were significant and had altered the working conditions and the nature of employment for casual confectioners. It concluded that the existing agreement no longer adequately represented the interests of the casual employees in the current employment landscape. Accordingly, the Commission accepted the application for termination of the agreement. The decision acknowledged the need for a new agreement that could address the contemporary challenges faced by casual employees in the confectioners' industry.

The Fair Work Commission ordered the termination of the Kelly Services (Australia) Ltd - Confectioners - Casual Employees (Victoria) Agreement, effective from the date of the decision. The Commission directed that the termination would not affect the rights and obligations of the parties under the agreement until the end of its current term or until a new agreement was made, whichever occurred first. The decision emphasised the importance of agreements that are fair, relevant, and effective in protecting the interests of employees in a changing industrial environment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established