Entertainment and Broadcasting Industry - Performing Arts Centres' Award 2001 [Transitional]
[2014] FWCFB 5898
•10 SEPTEMBER 2014
| [2014] FWCFB 5898 |
| 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
(AM2014/16)
Live performance industry | |
VICE PRESIDENT WATSON | MELBOURNE, 10 SEPTEMBER 2014 |
State reference public sector transitional award modernisation - Entertainment and Broadcasting Industry - Performing Arts Centres' Award 2001 [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 Entertainment and Broadcasting Industry - Performing Arts Centres' Award 2001 (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 3 employer respondents to the Award, listed below:
● Adelaide Festival Centre Trust
● Geelong Performing Arts Centre Trust
● Victorian Arts Centre Trust
[4] The Adelaide Festival Centre Trust is not a State reference public sector employer as South Australia has not referred power in relation to public sector employees.
[5] The trading activities of both the Geelong Performing Arts Centre Trust and the Victorian Arts Centre Trust 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:
Geelong Performing Arts Centre Trust | 2013-2013 Annual Report State government recurrent appropriations $0.99m Other grants from state government entities $0.19m Operating activities income $2.54m Fundraising activities income $0.28m Endowment fund arts for life capital donations $0.09m Total income from transactions $4.21m Note 'operating activities' income includes box office sales, venue hire, booking fees, management fees, catering commission and other revenue. |
Victorian Arts Centre Trust | 2012-2013 Annual Report Programming $23.46m Marketing & visitor experience $30.04m Facilities management $3.35m Corporate services $0.07m Investment $1.46m Government grants $19.03m Total income from transactions $77.41m |
[6] It is clear on the basis of this evidence that the Geelong Performing Arts Centre Trust and Victorian Arts Centre Trust undertake substantial trading activities and are trading corporations within the test established by the relevant authorities. The Adelaide Festival Centre Trust is not a State reference public sector employer. It follows that the Award cannot be modernised under Item 6 of Schedule 6A as the employer respondents are not 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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