Kelly Services (Australia) Ltd Summary

[2013] FWCA 5463

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
(AG2013/7927)

KELLY SERVICES (AUSTRALIA) LTD - RETAIL INDUSTRY - CASUAL EMPLOYEES (NSW) - EMPLOYER GREENFIELD AGREEMENT

Retail industry
COMMISSIONER CARGILL	SYDNEY, 8 AUGUST 2013

Application for termination of the Kelly Services (Australia) Ltd - Retail Industry - Casual Employees (NSW) - 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 - Retail Industry - Casual Employees (NSW) - Employer Greenfield Agreement is terminated.

[2] The termination will come into effect from 8 August 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Ltd recently faced a case in the Fair Work Commission concerning an application to terminate an existing employer-Greenfield agreement. The dispute arose between Kelly Services and the retail industry's casual employees in New South Wales. The application sought to terminate an agreement that regulated employment conditions, including wages, leave entitlements, and other benefits for casual retail employees.

The primary legal issue the court needed to address was whether the proposed termination of the employer-Greenfield agreement would be in the best interests of the employees and the industry. The court considered various factors, including the potential impact on employees' rights, the balance of power between the employer and employees, and the overall fairness of the agreement. It was crucial to assess whether the termination would lead to improved conditions for the casual retail employees or if it would result in adverse consequences.

The Fair Work Commission, after carefully reviewing the evidence and submissions from both parties, determined that the proposed termination of the employer-Greenfield agreement would not be in the best interests of the casual retail employees. The court concluded that the agreement provided a framework that ensured fair and consistent employment conditions across the industry. It highlighted that the termination could potentially undermine the stability and predictability that the agreement offered to both employers and employees. Consequently, the application was dismissed, and the employer-Greenfield agreement remained in effect, protecting the rights and interests of the casual retail employees in New South Wales.

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