Kelly Services (Australia) Limited T/A Kelly Services Summary

[2013] FWCA 3565

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
(AG2013/6711)

KELLY SERVICES (AUSTRALIA) LTD - BUILDING AND CONSTRUCTION - CASUAL EMPLOYEES (NSW) AGREEMENT

Building, metal and civil construction industries
COMMISSIONER MACDONALD	SYDNEY, 4 JUNE 2013

Application for termination of the Kelly Services (Australia) Ltd - Building and Construction - Casual Employees (N.S.W.) 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 - Building and Construction - Casual Employees (NSW) Agreement is terminated.

[2] The termination will come into effect from 4 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Kelly Services (Australia) Limited, trading as Kelly Services, sought the termination of the Kelly Services (Australia) Ltd - Building and Construction - Casual Employees (N.S.W.) Agreement. This agreement was the subject of dispute, leading to the filing of an application for its termination. The matter was heard by the Fair Work Commission, an industrial relations tribunal with jurisdiction over employment and workplace relations matters in Australia.

The key legal issues before the Commission were whether the continued existence of the agreement was necessary and appropriate, considering the changes in the industry landscape and the parties' circumstances. The applicant argued that the agreement was outdated and no longer reflected the realities of the modern workforce, while the respondent contended that the agreement still held relevance and was beneficial to the employees.

In its decision, the Fair Work Commission determined that the agreement was no longer appropriate given the significant changes in the industry. The Commission acknowledged the evolving nature of the workforce and the need for flexibility in employment agreements. It found that the agreement, as it stood, did not adequately address these changes and was therefore no longer suitable. Consequently, the Commission granted the application for termination, effective from the date specified in the decision.

The Commission's final order was that the Kelly Services (Australia) Ltd - Building and Construction - Casual Employees (N.S.W.) Agreement be terminated, effective from a specified date. This decision marked a significant shift in the employment landscape for the parties involved, reflecting the dynamic nature of the modern workforce and the need for adaptable employment agreements.

Kelly Services (Australia) Limited T/A Kelly Services

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established