Teachers (Adult Multicultural Education Services (Victoria)) Redundancy Award 1999 [Transitional]
[2014] FWCFB 5975
•10 SEPTEMBER 2014
| [2014] FWCFB 5975 |
| 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
(AM2014/36)
Educational services | |
VICE PRESIDENT WATSON | MELBOURNE, 10 SEPTEMBER 2014 |
State reference public sector transitional award modernisation - Teachers (Adult Multicultural Education Services (Victoria)) Redundancy 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 - Education and Training Reform Act 2006 (Victoria).
[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 Teachers (Adult Multicultural Education Services (Victoria)) Redundancy 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] The named employer, the Minister for Education for Victoria, was succeeded as the employer in 2000 by the Adult Multicultural Education Services (AMES), a body corporate pursuant to the Education and Training Reform Act 2006 (Victoria). It is necessary to apply these authorities to the AMES, the employer respondent to the Award. The trading activities of the AMES are set out in the witness statement of Stephen Witts, filed in these proceedings. He provides the following information from the 2013 AMES Annual Report:
2013 Annual Report
Income from transactions:
Government contributions - operating $4.73m
Sale of goods and services $185.19m
Interest $0.75m
Other income $0.76m
Total income from transactions $191.43m
[4] It is clear on the basis of this evidence that the AMES undertakes substantial trading activities and is a trading corporation within the test established by the relevant authorities. It follows that the Award cannot be modernised under Item 6 of Schedule 6A as the AMES is not a State reference public sector employer. 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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