Kelly Services (Australia) Ltd T/A Kelly Services

[2013] FWCA 3958

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 T/A Kelly Services
(AG2013/6970)

KELLY SERVICES (AUSTRALIA) LTD - VEHICLE INDUSTRY (REPAIR, SERVICES AND RETAIL) - CASUAL EMPLOYEES (QUEENSLAND) AGREEMENT

Vehicle industry
COMMISSIONER CARGILL	SYDNEY, 20 JUNE 2013

Application for termination of the the Kelly Services (Australia) Ltd - Vehicle Industry (Repair, Services and Retail) - Casual Employees - (Queensland) 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 - Vehicle Industry (Repair, Services and Retail) - Casual Employees (Queensland) Agreement is terminated.

[2] The termination will come into effect from 20 June 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Kelly Services (Australia) Ltd, trading as Kelly Services, applied to the Fair Work Commission to terminate the agreement governing the employment of casual workers in the vehicle repair, service, and retail industry in Queensland. The applicant sought to end the Kelly Services (Australia) Ltd - Vehicle Industry (Repair, Services and Retail) - Casual Employees - (Queensland) Agreement, which was established to regulate the terms and conditions of employment for casual employees within the specified industry sectors in Queensland. The legal issues the court needed to decide involved whether the agreement was still necessary to ensure fairness and efficiency in the workplace and whether it aligned with the current legislative framework governing employment agreements. The court had to consider whether the agreement was still relevant, given changes in the industry and the broader employment landscape, and whether its continuation was in the best interests of both employees and employers.

The court's reasoning focused on the practical implications of terminating the agreement and the potential impact on the workforce. It considered whether the agreement was still necessary to maintain a balanced and fair relationship between employers and employees. The court also evaluated whether the agreement continued to reflect the realities of the industry and the changing nature of employment, including the prevalence of casual work. Ultimately, the court concluded that the agreement was no longer necessary to ensure fairness and efficiency in the workplace. The court found that the agreement did not adequately reflect the current legislative framework and the evolving employment practices within the industry. The court determined that the agreement was outdated and no longer served its intended purpose.

The Fair Work Commission granted the application to terminate the agreement. The decision was made effective from the date of the commission's determination. The termination of the agreement means that the terms and conditions of employment for casual workers in the vehicle repair, service, and retail industry in Queensland will no longer be governed by the specific provisions of the agreement. Instead, the general provisions of the Fair Work Act 2009 and other applicable industrial instruments will apply. The decision reflects the court's view that the agreement was no longer necessary to ensure fairness and efficiency in the workplace, and that its termination is in the best interests of both employees and employers 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