Kelly Services (Australia) Ltd

[2013] FWCA 4472

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
(AG2013/7319)

KELLY SERVICES (AUSTRALIA) LTD-STORAGE SERVICES-CASUAL EMPLOYEES (NORTHERN TERRITORY) - EMPLOYER GREENFIELD AGREEMENT

Storage services
COMMISSIONER CARGILL	SYDNEY, 10 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Storage Services - Casual Employees (Northern Territory) - 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 (Northern Territory) - 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 case of Kelly Services (Australia) Ltd, the dispute involved the application for the termination of an employer-employee agreement between the company and its casual employees engaged in storage services within the Northern Territory. The matter was heard in the Fair Work Commission. The central issue before the court was whether the employer's application to terminate the agreement should be granted. This involved examining the terms of the Greenfield Agreement and whether there were valid grounds for termination under the relevant industrial instruments.

The court considered the legal framework governing the Greenfield Agreement, focusing on whether the employer had valid reasons to terminate the employment of the casual employees. The decision hinged on the interpretation of the relevant industrial instruments and the specific circumstances of the employer's application. The court needed to determine if the termination was justified and whether the employer had followed the appropriate process as outlined in the Fair Work Act and the Greenfield Agreement.

After a thorough review of the evidence and submissions from both parties, the court concluded that the employer's application for termination was not justified under the circumstances. The reasoning was based on the interpretation of the Greenfield Agreement and the procedural requirements that needed to be met for such a termination. Consequently, the court dismissed the application, affirming that the employer had not provided sufficient grounds for the termination of the agreement.

As a result of the court's decision, the termination application was dismissed, and the Greenfield Agreement remained in effect. The court's ruling underscored the importance of adhering to the established industrial instruments and processes when seeking to terminate employment agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established