Kelly Services (Australia) Limited T/A Kelly Services

[2013] FWCA 3424

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
(AG2013/6636)

KELLY SERVICES (AUSTRALIA) LTD - FOOD PRESERVERS - CASUAL EMPLOYEES (NSW) - EMPLOYER GREENFIELD AGREEMENT

Clerical industry
COMMISSIONER MCKENNA	SYDNEY, 29 MAY 2013

Application for termination of the Kelly Services (Australia) Ltd - Food Preservers - Casual Employees (NSW) - 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 - Food Preservers - Casual Employees (NSW) - Employer Greenfield 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 the termination of the Kelly Services (Australia) Ltd - Food Preservers - Casual Employees (NSW) - Employer Greenfield Agreement. The dispute arose from the employer's desire to modify the terms and conditions of employment for its casual employees, which was contested by the employees' representatives. The Fair Work Commission was tasked with determining whether the application met the statutory criteria for terminating the existing agreement.

The primary legal issues the Commission considered were whether the application satisfied the conditions outlined in section 233 of the Fair Work Act 2009 and whether the proposed changes would result in improved workplace outcomes. Specifically, the Commission assessed whether the changes would lead to better terms and conditions for the casual employees and whether the application process was in compliance with the statutory requirements. The Commission also examined whether the proposed changes were necessary to achieve a more efficient and productive workplace.

In its decision, the Fair Work Commission determined that the application met the statutory criteria for terminating the existing agreement. The Commission found that the proposed changes to the terms and conditions of employment would result in improved outcomes for the casual employees, including enhanced job security and better access to benefits. The Commission was satisfied that the application process complied with the relevant provisions of the Fair Work Act, and that the changes were necessary to achieve a more efficient and productive workplace. Consequently, the Commission approved the application and terminated the existing agreement, paving the way for the implementation of the new terms and conditions.

The Fair Work Commission's final order was that the Kelly Services (Australia) Ltd - Food Preservers - Casual Employees (NSW) - Employer Greenfield Agreement be terminated, effective from a date specified in the decision. The new terms and conditions of employment, as proposed by the employer, were to be implemented in place of the terminated agreement. The decision was made with the intention of providing a more flexible and efficient workplace environment, while ensuring that the casual employees' rights and entitlements were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established