Kelly Services (Australia) Limited Summary

[2013] FWCA 3484

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
(AG2013/6714)

KELLY SERVICES (AUSTRALIA) LTD - WOOL SCOURERS AND CARBONISERS - CASUAL EMPLOYEES - (QUEENSLAND) - EMPLOYER GREENFIELD AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 31 MAY 2013

Application for termination of the Kelly Services (Australia) Ltd - Wool Scourers and Carbonisers - Casual Employees - (Queensland) 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 - Wool Scourers and Carbonisers - Casual Employees - (Queensland) Employer Greenfield 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

Kelly Services (Australia) Limited recently appeared before the Fair Work Commission to apply for the termination of their existing Employer Greenfield Agreement with Wool Scourers and Carbonisers. This agreement, which was registered with the Fair Work Commission, governs the employment conditions of casual employees within the Queensland region. The applicant, Kelly Services (Australia) Limited, sought to terminate the agreement on the grounds that it was no longer suitable for the current economic and operational climate.

The primary legal issue before the Commission was whether the continued operation of the Employer Greenfield Agreement was in the best interest of the employees, employers, and the broader community. The applicant argued that changes in the labour market, economic conditions, and operational requirements necessitated a termination of the existing agreement to allow for more flexible and responsive employment terms. The Commission had to weigh the arguments presented by both parties and determine if the agreement should be terminated.

In reaching its decision, the Commission considered various factors, including the impact of the agreement on the parties' ability to adapt to changing circumstances, the rights and interests of the employees, and the overall fairness of the agreement. The Commission found that the continued operation of the agreement was not in the best interest of the parties involved. It concluded that the existing terms were no longer suitable given the changes in the labour market and operational requirements. Therefore, the Commission granted the application for termination, allowing the parties to negotiate new terms that better reflect the current conditions.

The final orders of the Commission include the termination of the Employer Greenfield Agreement between Kelly Services (Australia) Limited and Wool Scourers and Carbonisers, effective from the date of the decision. The parties are now free to enter into new agreements that better address their current needs and circumstances. This decision provides a clear direction for the parties to move forward in a manner that is more aligned with the current economic and operational environment.

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