Zoological Board of Victoria (and others) Keepers and Groundstaff (Interim) Award 2003 [Transitional]
[2014] FWCFB 5937
•10 SEPTEMBER 2014
| [2014] FWCFB 5937 |
| 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
(AM2014/42)
Industries not otherwise assigned | |
VICE PRESIDENT WATSON | MELBOURNE, 10 SEPTEMBER 2014 |
State reference public sector transitional award modernisation - Zoological Board of Victoria (and others) Keepers and Groundstaff (Interim) Award 2003 [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 Zoological Board of Victoria (and others) Keepers and Groundstaff (Interim) Award 2003 (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 both the Zoological Parks and Gardens Board and the Royal Zoological Society of South Australia, the two employer respondents to the Award.
[4] The Royal Zoological Society of South Australia is not a State reference public sector employer as South Australia has not referred its powers in relation to public sector employees.
[5] The trading activities of the Zoological Parks and Gardens Board are set out in the witness statement of Stephen Witts, filed in these proceedings. He provides the following information from the most recent Annual Report:
2012-2013 Annual Report
Income from transactions:
Income from sale of goods and rendering of services $45.14m
Government grants $16.23m
Other income $4.81m
Total income from transactions $66.18m
[6] It is clear on the basis of this evidence that the Zoological Parks and Gardens Board undertakes substantial trading activities and is a trading corporation within the test established by the relevant authorities. The Royal Zoological Society of South Australia 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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