Kelly Services (Australia) Ltd

[2013] FWCA 4477

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
(AG2013/7337)

KELLY SERVICES (AUSTRALIA) LTD - TRANSPORT INDUSTRY - CASUAL EMPLOYEES (SOUTH AUSTRALIA) - EMPLOYER GREENFIELD AGREEMENT

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 10 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Transport Industry - Casual Employees (South Australia) - 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 - Transport Industry - Casual Employees (South Australia) - 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 was the subject of an application for the termination of a Greenfield Agreement, which was made in relation to casual employees within the transport industry in South Australia. The applicant sought to terminate the agreement as it was no longer considered suitable or effective in governing the employment conditions of casual employees within the transport industry. The application was heard in the Fair Work Commission, which is the body responsible for resolving workplace disputes and making decisions in relation to workplace agreements.

The legal issues that the court was required to decide centred around the appropriateness of the Greenfield Agreement and whether it should be terminated. The applicant argued that the agreement was no longer effective and should be terminated, while the respondent argued that the agreement was still suitable and should be retained. The court was required to consider the evidence presented by both parties and determine whether the agreement should be terminated or not.

The court considered the evidence presented by both parties and concluded that the Greenfield Agreement was no longer effective in governing the employment conditions of casual employees within the transport industry. The court found that the agreement was no longer suitable due to changes in the industry and the need for more flexible and adaptable employment conditions. The court also considered the potential impact of terminating the agreement on the employees and the industry as a whole, and concluded that termination was in the best interests of all parties. The court therefore decided to terminate the Greenfield Agreement.

As a result of the court's decision, the Greenfield Agreement was terminated and will no longer apply to casual employees within the transport industry in South Australia. The termination of the agreement means that employers and employees will no longer be bound by its terms and conditions, and will need to negotiate new employment arrangements. The decision is an important one for the transport industry in South Australia, and will have implications for both employers and employees within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established