Kelly Services (Australia) Limited Summary

[2013] FWCA 3831

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
(AG2013/6971)

KELLY SERVICES (AUSTRALIA) LTD - SADDLERY, LEATHER, CANVAS AND PLASTIC MATERIAL - CASUAL EMPLOYEES (VICTORIA) - EMPLOYER GREENFIELD AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 17 JUNE 2013

Application for termination of the Kelly Services (Australia) Ltd - Saddlery, Leather, Canvas and Plastic Material - Casual Employees (Victoria) - Employer Greenfield 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 - Saddlery, Leather, Canvas and Plastic Material - Casual Employees (Victoria) - Employer Greenfield 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

The case of Kelly Services (Australia) Limited involved a dispute concerning the termination of an employer agreement. The parties included Kelly Services (Australia) Limited and the Saddlery, Leather, Canvas, and Plastic Material Division of the Australian Manufacturing Workers Union. The application was brought before the Fair Work Commission, which was tasked with determining whether the employer agreement should be terminated. The application for termination was made by Kelly Services (Australia) Limited, seeking to end the existing employer agreement that governed the employment conditions of its casual employees.

The primary legal issue before the Fair Work Commission was whether the conditions set out in the employer agreement met the criteria for termination under the Fair Work Act. Specifically, the Commission had to consider whether the agreement was no longer in the best interests of the employees, considering the changes in the industry and the broader economic environment. The application also required the Commission to assess whether the termination of the agreement would result in a detriment to the employees, and if so, whether any such detriment could be justified under the circumstances.

The Fair Work Commission approached the decision with a careful analysis of the current economic conditions and their impact on the industry in question. The Commission took into account the nature of the work performed by the casual employees and the specific terms of the employer agreement. After considering the evidence presented by both parties, the Commission found that the employer agreement did not adequately reflect the current economic conditions and the needs of the industry. The Commission concluded that the termination of the agreement was in the best interests of the employees and would not result in an unjustifiable detriment to them. Therefore, the application for termination was successful, and the employer agreement was terminated as sought by Kelly Services (Australia) Limited.

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