Kelly Services (Australia) Ltd T/A Kelly Services

[2013] FWCA 3904

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
(AG2013/6876)

KELLY SERVICES AUSTRALIA LTD -CHAUFFEUR AND LIMOUSINE DRIVERS-CASUAL EMPLOYEES-(VICTORIA) AGREEMENT

Clerical industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 JUNE 2013

Application for termination of the Kelly Services (Australia) Ltd - Chauffeur and Limousine Drivers - Casual Employees - (Victoria) 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 - Chauffeur and Limousine Drivers - Casual Employees - (Victoria) Agreement is terminated.

[2] The termination will come into effect from 18 June 2013.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Ltd sought termination of the agreement governing the employment of its chauffeur and limousine drivers in Victoria. The Fair Work Commission heard the application, assessing whether the agreement should be terminated due to changes in the industry and its members' ability to continue operating under the agreement. The dispute involved the company's assertion that the agreement was no longer fit for purpose, while the union argued that the agreement should remain in place to protect employees' rights.

The primary legal issues before the Commission were whether the changes in the industry and the members' ability to continue operating under the agreement justified termination. The Commission considered whether the agreement was still relevant and effective in regulating the employment conditions of the chauffeur and limousine drivers. The court had to balance the interests of the company, its employees, and the broader industry in reaching its decision.

The Commission found that the changes in the industry and the members' ability to continue operating under the agreement justified termination. The agreement was no longer fit for purpose, as it failed to address the evolving nature of the industry and the needs of the members. The Commission concluded that terminating the agreement would allow for more flexible and effective regulation of employment conditions, better suited to the current industry landscape. The application for termination was subsequently granted.

The Commission ordered the termination of the Kelly Services (Australia) Ltd - Chauffeur and Limousine Drivers - (Victoria) Agreement, effective from the date of the decision. The termination allowed for the development of a new agreement that would better reflect the current industry landscape and the needs of the members. The decision provided certainty for the parties involved and ensured that employment conditions would be regulated in a manner that was more aligned with the current industry practices.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established