1 Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 Sch. 6A, Item 6 - Modernisation of State reference public sector transitional awards Harness Racing Victoria Employees Award 2004 [Transitional] (AM2014/21) State and Territory government administration VICE PRESIDENT WATSON DEPUTY PRESIDENT SMITH COMMISSIONER LEE MELBOURNE, 10 SEPTEMBER 2014 State reference public sector transitional award modernisation - Harness Racing Victoria Employees Award 2004 [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 Harness Racing Victoria Employees Award 2004 (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 Harness Racing Victoria, the only employer respondent to the Award. The trading activities of Harness Racing Victoria 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 Tabcorp Income $48.26m Other income $28.39m Total income from transactions $76.65m Note 'other income' includes (but is not limited to) racefield fees, registered bookmakers fees, gaming commission, food & beverages, accommodation revenue, sponsorship, grants, property income and interest. [2014] FWCFB 5770 DECISION f_p_n_1_ [2014] FWCFB 5770 2 [4] It is clear on the basis of this evidence that Harness Racing Victoria undertakes substantial trading activities and is a trading corporation within the test established by the relevant authorities. Both the State of Victoria and the Community and Public Sector Union agree with that characterisation. It follows that the Award cannot be modernised under Item 6 of Schedule 6A as Harness Racing Victoria 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. Community and Public Sector Union on 14 May 2014. Printed by authority of the Commonwealth Government Printer <Price code A, AT831659 PR554564 > 1 [2014] FWCFB 5633. f_p_n_2_