Prestige Property Services Pty Ltd v Liquor, Hospitality and Miscellaneous Union

Prestige Property Services Pty Ltd appealed against a decision that they had underpaid their employees while working at the Victorian Arts Centre. The issue was whether the Victorian Arts Centre Trust was a "State Government Instrumentality," as defined in the relevant award, entitling the employees to higher wages. The Court of Appeal had to determine if the Trust qualified as such, thereby affecting the applicable wage rates for Prestige's employees.

The court examined the legislative history and the functions of the Victorian Arts Centre Trust, established under the Victorian Arts Centre Act 1980. The Trust's primary functions were to manage and operate the Centre, present and produce performances, promote the use of the Centre, and develop and maintain the State's performing arts collections. The court focused on the proper construction of the award clauses and the context in which they were made. The court considered the historical context of the Building Services (State Government Departments and Instrumentalities) Conciliation and Arbitration Board's decision in 1991, which led to the first Building Services (SGDI) Award. However, the court ultimately determined that the issue hinged on the language of the 1994 and 2003 Awards, understood in their industrial context and purpose.

The Court of Appeal found that the Trust did not qualify as a "State Government Instrumentality," and therefore the higher wage rates specified in the award did not apply. The court dismissed the appeal, holding that the Trust's functions did not align with the definition of a State Government Instrumentality, and that the award clauses did not extend to the Trust's operations. Consequently, Prestige was not required to pay the additional rates claimed by the Union.