Regional Water Authorities Award 1999 [Transitional]
[2014] FWCFB 5901
•10 SEPTEMBER 2014
| [2014] FWCFB 5901 |
| 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
(AM2014/29)
Water, sewerage and drainage services | |
VICE PRESIDENT WATSON | MELBOURNE, 10 SEPTEMBER 2014 |
State reference public sector transitional award modernisation - Regional Water Authorities 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 Regional Water Authorities 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 3 employer respondents to the Award, listed below:
● Barwon Region Water Authority
● Central Gippsland Region Water Authority
● Central Highlands Region Water Authority
[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:
Barwon Region Water Authority | 2012-2013 Annual Report Service charges $91.66m Usage charges $71.97m Trade waste charges $4.79m Government contributions $0.58m Non-government contributions $28.19m Other $5.23m Interest $0.34m Total from operating activities $202.75m |
Central Gippsland Region Water Authority | 2012-2013 Annual Report Service charges $69.92m Volumetric charges $36.72m Interest $0.46m Developer contributions $12.00m Other revenue $8.76m Total from operating activities $127.85m |
Central Highlands Region Water Authority | 2012-2013 Annual Report Service charges $52.69m Usage charges $23.29m Government grants and contributions $1.21m Developer contributions $2.04m Interest $0.28m Total from operating activities $79.50m |
[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 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.
Printed by authority of the Commonwealth Government Printer
<Price code A, AT795612 PR554744 >
0
1
0