Kelly Services (Australia) Ltd T/A Kelly Services

[2013] FWCA 4292

[2013] FWCA 4292

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
(AG2013/7195)

KELLY SERVICES (AUSTRALIA) LTD - MISCELLANEOUS WORKERS - CASUAL EMPLOYEES - (QUEENSLAND) - EMPLOYER GREENFIELD AGREEMENT

Building services
COMMISSIONER GREGORY	MELBOURNE, 11 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Miscellaneous Workers - Casual Employees (Queensland) - Employer Greenfield Agreement.

[1] On 24 June 2013 Kelly Services (Australia) Ltd T/A Kelly Servicesfiled an application pursuant to Item 16, Schedule 3 of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (“the TPCA Act”)to terminate the Kelly Services (Australia) Ltd - Miscellaneous Workers - Casual Employees (Queensland) - Employer Greenfield Agreement (“the Agreement”).

[2] The Agreement is a collective agreement-based transitional instrument which has passed its nominal expiry date.

[3] Item 16, Schedule 3 of the TPCA Act states that Subdivision D of Division 7 of Part 2-4 of the Fair Work Act 2009 applies to applications to terminate collective agreement-based transitional instruments that have passed their nominal expiry date. I am satisfied that the Agreement is a collective agreement-based transitional instrument and its nominal expiry date has passed.

[4] In having regard to the requirements of s.226 of the Fair Work Act 2009 and based on the material that is before me (which includes a statutory declaration from the Employer), I am satisfied that:

• it is not contrary to the public interest to terminate the Agreement; and



• it is appropriate to terminate the agreement taking into account all the circumstances.

[5] In accordance with s.227 of the Fair Work Act 2009, the termination will take effect from the date of this decision.

COMMISSIONER

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