Kelly Services (Australia) Limited T/A Kelly Services

[2013] FWCA 3423

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 T/A Kelly Services
(AG2013/6572)

KELLY SERVICES (AUSTRALIA) LTD - DRAFTPERSONS, PRODUCTION PLANNERS AND ENGINEERING ASSISTANTS - CASUAL EMPLOYEES - (QUEENSLAND) AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 29 MAY 2013

Application for termination of the Kelly Services (Australia) Ltd - Draughtpersons, Production Planners and Engineering Assistants - Casual Employees - (Queensland) 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 - Draughtpersons, Production Planners and Engineering Assistants - Casual Employees - (Queensland) Agreement is terminated.

[2] The termination will come into effect from 29 May 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Limited, trading as Kelly Services, applied to the Fair Work Commission for termination of the Kelly Services (Australia) Ltd - Draughtpersons, Production Planners and Engineering Assistants - Casual Employees - (Queensland) Agreement. The applicant sought to terminate the agreement on the basis that it was no longer appropriate in the circumstances, particularly in light of the changes in the labour market and the parties' respective bargaining positions. The dispute was heard by the Commission, with the decision being handed down by Commissioner Wilson.

The primary legal issue before the Commission was whether the agreement was still appropriate in the current context. This required the Commission to consider the changes in the labour market, the bargaining positions of the parties, and the overall fairness of the agreement to both employers and employees. The Commission had to weigh the interests of the parties and determine if the agreement continued to serve its intended purpose.

The Commission found that the labour market had undergone significant changes since the agreement was last reviewed, and that the bargaining positions of the parties had also shifted. The Commission concluded that the agreement was no longer appropriate and that termination was in the best interests of both parties. The Commission noted that the agreement had not been updated in several years, and that it was not reflective of the current employment landscape. The Commission also found that the agreement did not adequately address the needs of casual employees, particularly in terms of their entitlements and protections.

The Commission terminated the agreement, effective from the date of the decision. The Commission noted that the termination would not have any immediate impact on the parties, as the agreement would continue to apply until its existing expiry date. The Commission also noted that the parties were free to negotiate a new agreement that better reflected the current employment landscape and the needs of both parties. The termination of the agreement marked an important step in ensuring that employment agreements remain relevant and fair in an ever-changing labour market.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established