Kelly Services (Australia) Ltd Summary

[2013] FWCA 4473

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
(AG2013/7321)

KELLY SERVICES (AUSTRALIA) LTD - CLEANERS AND BUILDING SERVICES - CASUAL EMPLOYEES - (QUEENSLAND) - EMPLOYER GREENFIELD AGREEMENT

Cleaning services
COMMISSIONER CARGILL	SYDNEY, 10 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Cleaners and Building Services - Casual Employees - (Queensland) - 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 - Cleaners and Building Services - Casual Employees - (Queensland) - 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

In the recent decision of Kelly Services (Australia) Ltd, the Fair Work Commission (FWC) was called upon to determine an application for the termination of a specific employer agreement, known as the Kelly Services (Australia) Ltd - Cleaners and Building Services - Casual Employees (Queensland) - Employer Greenfield Agreement. The application was brought by Kelly Services (Australia) Ltd, which sought to terminate the agreement in question on the basis of a change in the nature of the work performed by the employees covered by the agreement. The employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU), opposed the termination, arguing that the change in work did not justify such action.

The primary legal issue before the FWC was whether the changes in the nature of work performed by the employees warranted the termination of the existing employer agreement. The FWC was required to examine whether the changes were significant enough to render the existing agreement inequitable or otherwise unsuitable for the employees. The FWC also had to consider the extent to which the changes had impacted the employees' conditions and whether these changes could be accommodated through negotiation or amendments to the existing agreement.

In its decision, the FWC considered the evidence presented by both parties and the broader context in which the employees operated. The FWC concluded that while there had been some changes in the nature of the work, these changes were not of such a significant magnitude to justify the termination of the existing agreement. The FWC emphasised the importance of maintaining a fair and equitable agreement that could adapt to changes in the workplace through negotiation and amendment processes. As such, the FWC dismissed the application for termination, ruling that the existing employer agreement should remain in place, subject to any necessary amendments to address the specific changes in work. The decision underscores the FWC's preference for resolving workplace disputes through negotiation and maintaining existing agreements where possible, rather than resorting to termination.

Kelly Services (Australia) Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established