Kelly Services (Australia) Ltd

[2013] FWCA 4478

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) Ltd
(AG2013/7360)

KELLY SERVICES (AUSTRALIA) LTD - STORAGE SERVICES-CASUAL EMPLOYEES (A.C.T.) EMPLOYER GREENFIELD AGREEMENT

Storage services
COMMISSIONER CARGILL	SYDNEY, 10 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Storage Services - Casual Employees (A.C.T.) Employer Greenfield Agreement.

[1] 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 - Storage Services - Casual Employees (A.C.T.) Employer Greenfield Agreement is terminated.

[2] The termination will come into effect from 10 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Ltd sought to terminate the existing enterprise agreement that governed the employment conditions of its casual employees involved in storage services in the Australian Capital Territory. The application was heard by the Fair Work Commission, the relevant tribunal tasked with overseeing such disputes. The primary concern was whether the existing agreement could be terminated, considering the changing dynamics of the workplace and the employees' rights under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the enterprise agreement could be terminated on the grounds of significant change in circumstances, as defined by the Fair Work Act. Additionally, the Commission needed to assess whether the proposed terms and conditions were fair and reasonable, and if the employees had been adequately consulted during the process. The Commission also considered whether the termination would result in a detriment to the employees, which would be a factor in favour of maintaining the existing agreement.

In its decision, the Fair Work Commission found that the changes proposed by Kelly Services (Australia) Ltd constituted a significant change in circumstances, justifying the termination of the existing agreement. The Commission concluded that the new terms and conditions were fair and reasonable, and that the employees had been sufficiently consulted throughout the process. The Commission determined that the termination of the agreement would not result in any undue detriment to the employees. Consequently, the application for termination was approved, and the new terms and conditions were set to take effect as per the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established