Kelly Services (Australia) Ltd T/A Kelly Services

[2013] FWCA 3902

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
(AG2013/6776)

KELLY SERVICES (AUSTRALIA) LTD - PRINTING INDUSTRY - CASUAL EMPLOYEES - (QUEENSLAND) EMPLOYER GREENFIELD AGREEMENT

Clerical industry
DEPUTY PRESIDENT BOOTH	SYDNEY, 18 JUNE 2013

Application for termination of the Kelly Services (Australia) Ltd - Printing Industry - Casual Employees - (Queensland) 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 - Printing Industry - Casual Employees - (Queensland) Employer Greenfield 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

The applicant, Kelly Services (Australia) Ltd T/A Kelly Services, sought to terminate the Employer Greenfield Agreement in relation to its casual employees in the printing industry in Queensland. The application was heard in the Fair Work Commission, which has the jurisdiction to consider such applications under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for casual employees, specifically whether the existing agreement was still fair and reasonable given changes in the industrial landscape.

The legal issues before the Commission involved whether the existing agreement remained suitable and appropriate in light of recent developments and whether the termination of the agreement would lead to a more efficient and productive workforce. The Commission had to weigh the potential benefits of a new agreement against the stability and predictability that a continued agreement might provide. Additionally, the Commission needed to assess whether the proposed changes would result in a fair and reasonable outcome for both the employer and the employees.

After reviewing the evidence and submissions from both parties, the Commission found that the existing agreement was no longer fair and reasonable. The changes in the industry and the need for more flexibility in employment terms justified the termination of the existing agreement. The Commission concluded that a new agreement would better reflect the current realities of the printing industry and provide a more adaptable framework for both employers and employees. The Commission's decision was based on a detailed analysis of the evidence presented, considering the economic, operational, and practical implications of the proposed changes.

The Commission ordered the termination of the existing Employer Greenfield Agreement for casual employees in the printing industry in Queensland, effective from the date of the decision. The new agreement was to be negotiated between the parties, taking into account the current market conditions and the need for a fair and reasonable outcome for all stakeholders. This decision provided clarity and certainty for both Kelly Services and its employees, allowing for a more flexible and responsive employment relationship.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established