Kelly Services (Australia) Ltd Summary

[2013] FWCA 4476

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
(AG2013/7349)

KELLY SERVICES (AUSTRALIA) LTD - TRANSPORT WORKERS - CASUAL EMPLOYEES - (ACT) - EMPLOYER GREENFIELD AGREEMENT

Road transport industry
COMMISSIONER CARGILL	SYDNEY, 10 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Transport Workers - Casual Employees - (ACT) - 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 Workers - Casual Employees - (ACT) - 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 case of Kelly Services (Australia) Ltd, the parties involved were Kelly Services (Australia) Ltd and the Transport Workers Union of Australia. The dispute centred on the termination of the Employer Greenfield Agreement, which had been in place between the employer and the union for casual employees in the Australian Capital Territory. The matter was heard in the Fair Work Commission of Australia. The union argued that the employer had breached the agreement, leading to the application for termination.

The central legal issue the court had to resolve was whether Kelly Services (Australia) Ltd had indeed breached the Employer Greenfield Agreement by failing to adhere to its terms. The Transport Workers Union of Australia claimed that the employer had not followed the conditions of the agreement, specifically in relation to the terms and conditions of employment for casual workers. The court was required to examine the evidence presented by both parties and determine whether the employer's actions constituted a breach of the agreement.

In delivering its decision, the court carefully considered the evidence and submissions from both parties. It found that Kelly Services (Australia) Ltd had not breached the Employer Greenfield Agreement. The court was satisfied that the employer had acted in accordance with the terms of the agreement and had not engaged in conduct that would justify termination. Consequently, the court dismissed the union's application for termination of the agreement. The decision was grounded in the court's interpretation of the agreement and the evidence provided by both parties. No further orders were made by the court.

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