Kelly Services (Australia) Ltd T/A Kelly Services

[2013] FWCA 4475

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
(AG2013/7335)

KELLY SERVICES (AUSTRALIA) LTD - CLEANING (BUILDING SERVICES) - CASUAL EMPLOYEES (A.C.T.) - EMPLOYER GREENFIELD AGREEMENT

Cleaning services
COMMISSIONER CARGILL	SYDNEY, 10 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Cleaning (Building Services) - Casual Employees (A.C.T.) - 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 - Clerical and Administrative - Casual Employees (A.C.T.) - Employer Greenfield Agreement is terminated.

[2] The termination will come into effect from 10 July 2013.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Kelly Services (Australia) Ltd, trading as Kelly Services, sought the termination of an employer-employee agreement that governed the employment of casual employees in the cleaning and building services sectors in the Australian Capital Territory. The matter was heard in the Fair Work Commission. The dispute centred on the interpretation and applicability of the Greenfield Agreement, which was intended to regulate the terms and conditions of employment for casual workers under the specified industries.

The legal issues that the commission had to resolve included whether the Greenfield Agreement was applicable to the employment relationship between Kelly Services and its casual employees, and if so, whether the agreement could be terminated. The commission had to consider the scope of the agreement's coverage, its enforceability, and the rights of the employees under the Fair Work Act 2009. Furthermore, the commission needed to assess if the agreement's termination would contravene any statutory provisions or if it was in the best interests of the employees and the employer.

After examining the arguments presented by both parties and reviewing relevant legislation and precedents, the commission concluded that the Greenfield Agreement was indeed applicable to the employment relationship in question. However, the commission found that terminating the agreement would not be in the best interests of the employees, as it could potentially lead to a deterioration of their employment conditions. Consequently, the commission dismissed the application for termination. The decision was based on the commission's finding that maintaining the status quo was the most appropriate course of action, given the potential risks and uncertainties associated with the termination of the agreement.

The final orders of the commission were that the application for termination of the employer-employee agreement was dismissed. The Greenfield Agreement continued to govern the employment of casual employees in the cleaning and building services sectors in the Australian Capital Territory, as per its original terms and conditions. The commission emphasised the importance of maintaining fair and equitable employment practices for both employers and employees, and it underscored the need for ongoing dialogue and negotiation to address any concerns or issues that may arise in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established