Kelly Services (Australia) Limited

[2013] FWCA 3485

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
(AG2013/6720)

KELLY SERVICES (AUSTRALIA) LTD - WOOL SCOURERS AND CARBONISERS - CASUAL EMPLOYEES - (SOUTH AUSTRALIA) AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 31 MAY 2013

Application for termination of the Kelly Services (Australia) Ltd - Wool Scourers and Carbonisers - Casual Employees - (South Australia) 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 - Wool Scourers and Carbonisers - Casual Employees - (South Australia) Agreement is terminated.

[2] The termination will come into effect from 31 May 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kelly Services (Australia) Limited, sought the termination of the Kelly Services (Australia) Ltd - Wool Scourers and Carbonisers - Casual Employees - (South Australia) Agreement. This agreement was established between the applicant and the union representing the casual employees. The dispute centred on the appropriateness of the agreement given changes in the industry and workforce conditions. The case was heard in the Fair Work Commission, an Australian body with jurisdiction over employment-related disputes.

The primary legal issue before the Commission was whether the continued operation of the agreement was necessary to ensure fairness in the workplace, particularly considering the changes in the industry and the nature of the workforce. The Commission had to evaluate whether the agreement's provisions still served the interests of fairness for both employees and employers. This included examining the relevance of the agreement in light of contemporary employment practices and the specific context of the wool scouring and carbonising industry.

The Fair Work Commission, after considering the submissions from both parties, determined that the agreement was no longer necessary to ensure fairness in the workplace. The Commission found that the agreement's provisions did not align with current industry practices and the nature of the workforce, which had evolved significantly since the agreement was established. As a result, the Commission decided to terminate the agreement, effective from the conclusion of the hearing. The termination was justified based on the outdated nature of the agreement and the need for a more contemporary framework that reflects current industry standards and employment practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established