Children's Services (Victoria) Post Secondary (TAFE) Interim Award 1999 [Transitional]
[2014] FWCFB 5891
•11 SEPTEMBER 2014
| [2014] FWCFB 5891 |
| FAIR WORK COMMISSION |
DECISION |
Fair Work (Transitional Provisions and Consequential Amendments) Act 2009
Sch. 6A, Item 6 - Modernisation of State reference public sector transitional awards
(AM2014/9)
Educational services | |
VICE PRESIDENT WATSON | MELBOURNE, 11 SEPTEMBER 2014 |
State reference public sector transitional award modernisation - Children's Services (Victoria) Post Secondary (TAFE) Interim Award 1999 [Transitional] - Whether Award a State reference public sector award - National system employer - Trading corporation - Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 - Sch. 6A Items 2 and 6, Sch. 3 Item 2A, Sch. 5 Item 3 - Fair Work Act 2009 - ss.14,30D.
[1] This decision arises out of proceedings commenced on the Commission’s own motion under Item 6 of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (the Transitional Act) with respect to the Children's Services (Victoria) Post Secondary (TAFE) Interim Award 1999 (the Award).
[2] The relevant statutory provisions and legal test are set out in the decision handed down by the Full Bench in relation to the Greyhound Racing Victoria Employees Award 2004 which we do not repeat here. 1
[3] It is necessary to apply these authorities to the 15 employer respondents to the Award, listed below:
• Bendigo Regional Institute of TAFE
• Box Hill Institute of TAFE
• Central Gippsland Institute of TAFE
• Chisholm Institute of TAFE
• East Gippsland Institute of TAFE
• Gordon Institute of TAFE
• Goulburn Ovens Institute of TAFE
• Holmesglen Institute of TAFE
• Kangan Batman Institute of TAFE
• Northern Melbourne Institute of TAFE
• South West Institute of TAFE
• Sunraysia Institute of TAFE
• Swinburne University of Technology (TAFE Division)
• William Angliss Institute of TAFE
• Wodonga Institute of TAFE
[4] The trading activities of the employer respondents are set out in the witness statement of Stephen Witts, filed in these proceedings. He provides the following information from the most recent Annual Reports:
Bendigo Regional Institute of TAFE | 2013 Annual Report Government contributions operating $28.20m Government contributions capital $0.63m Sale of goods and services $10.52m Interest $0.13m Other income $0.67m Total income from transactions $40.15m |
Box Hill Institute of TAFE | 2013 Annual Report Government contributions operating $43.44m Government contributions capital $3.95m Sale of goods and services $66.27m Interest $1.55m Fair value of assets received free of charge or for nominal amount $0.13m Other income $3.75m Total income from transactions $119.09m |
Central Gippsland Institute of TAFE | 2013 Annual Report Government contributions operating $15.63m Government contributions capital $2.70m Sale of goods and services $12.82m Interest $0.27m Other income $0.12m Total income from transactions $36.60m |
Chisholm Institute of TAFE | 2013 Annual Report Government contributions operating $70.32m Government contributions capital $18.80m Sale of goods and services $44.10m Interest received $0.72m Other income $1.47m Total income from transactions $135.41m |
East Gippsland Institute of TAFE | 2012 Annual Report Government contributions operating $14.00m Government contributions capital $3.54m Sale of goods and services $7.70m Interest $0.27m Other income $0.52m Total income from transactions $26.03m |
Gordon Institute of TAFE | 2013 Annual Report Government contributions operating $59.09m Government contributions capital $1.02m Sale of goods and services $12.18m Interest $1.46m Other income $0.81m Total income from transactions $74.56m |
Goulburn Ovens Institute of TAFE | 2013 Annual Report Government contributions operating $97.55m Government contributions capital $1.14m Sales of goods and services $16.13m Interest $1.07m Rental revenue $0.35m Other income $0.78m Total income from transactions $116.68m |
Holmesglen Institute of TAFE | 2013 Annual Report Government contributions operating $88.06m Government contributions capital $1.05m Sale of goods and services $61.10m Interest income $1.61m Other income $10.31m Total income from transactions $162.12m |
Kangan Batman Institute of TAFE | 2013 Annual Report Government contributions operating $70.19m Government contributions capital $1.18m Sale of goods and services $50.61 Interest $2.45m Other income $2.05m Total income from transactions $126.48m |
Northern Melbourne Institute of TAFE | 2012 Annual Report Government contributions operating $70.23m Government contributions capital $15.01m Sale of goods and services $60.18m Interest $2.19m Other income $5.50m Total income from transactions $153.10m |
South West Institute of TAFE | 2013 Annual Report Government contributions operating $24.60m Government contributions capital $0.88m Sale of goods and services $8.33m Interest $0.26m Other income $0.59m Total income from transactions $34.65m |
Sunraysia Institute of TAFE | 2013 Annual Report Government contributions operating $33.58m Government contributions capital $0.60m Sales of goods and services $9.62m Interest $0.10m Other income $0.05m Total income from transactions $43.95m |
Swinburne University of Technology (TAFE Division) | 2013 Annual Report Australian Government financial assistance $159.22m State Government financial assistance $35.47m HECS-HELP student payments $9.09m Fees and charges $159.00m Investment revenue $8.41m Royalties, trademarks and licences $2.32m Consultancy and contracts $17.78m Other revenue $4.41m Total revenue from continuing operations $513.38m |
William Angliss Institute of TAFE | 2013 Annual Report Government contributions operating $18.13m Government contributions capital $0.59m Sale of goods and services $31.81m Interest $0.16m Other income $1.30m Total income from transactions $52.00m |
Wodonga Institute of TAFE | 2013 Annual Report Government contributions operating $20.94m Government contributions capital $1.88m Sale of goods and services $19.87 Interest $0.36m Other income $1.14m Total income from transactions $44.20m |
[5] It is clear on the basis of this evidence that the employer respondents undertake substantial trading activities and are trading corporations within the test established by the relevant authorities. It follows that the Award cannot be modernised under Item 6 of Schedule 6A as the respondent employers are not a State reference public sector employers. Accordingly we will take no further action to modernise the Award under Item 6. Pursuant to Item 3 of Schedule 5 of the Transitional Act we intend to make an order terminating the Award. Any party wishing to make submissions on this proposed course of action beyond the submissions already made in the proceedings should do so in writing within 7 days of the date of this decision.
VICE PRESIDENT
Final written submissions:
State of Victoria on 13 May 2014.
1 [2014] FWCFB 5633.
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