Kelly Services (Australia) Ltd T/A Kelly Services

[2013] FWCA 4474

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
(AG2013/7329)

KELLY SERVICES (AUSTRALIA) LTD - CLERICAL AND ADMINISTRATIVE - CASUAL EMPLOYEES (NORTHERN TERRITORY) - EMPLOYER GREENFIELD AGREEMENT

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 10 JULY 2013

Application for termination of the Kelly Services (Australia) Ltd - Clerical and Administrative - Casual Employees (Northern Territory) - 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 (Northern Territory) - 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, applied for the termination of an employer agreement in relation to their clerical and administrative casual employees in the Northern Territory. The application was heard in the Fair Work Commission, a federal tribunal with jurisdiction over employment matters. The core dispute was whether the agreement, which was in place between Kelly Services and the employer, should be terminated under the Fair Work Act 2009.

The legal issues before the commission involved assessing whether the agreement had been rendered redundant, whether the application met the procedural requirements, and if the termination was in the best interests of the employees. Key considerations included whether the changes in the workplace warranted a new agreement and the impact on the employees if the existing agreement was terminated.

The commission determined that the application was procedurally valid and that the changes in the workplace justified the termination of the existing agreement. The new agreement, which would cover a broader range of employees, was deemed to be in the best interests of the workforce. The commission noted that the proposed terms of the new agreement were fair and appropriate, taking into account the interests of both the employer and the employees.

Consequently, the commission granted the application and terminated the existing employer agreement. The new agreement, as proposed by Kelly Services, was approved and will now apply to the clerical and administrative casual employees in the Northern Territory. This decision ensures that the employment terms are updated to reflect the current workplace conditions while protecting the rights of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established