Prestige Property Services Pty Limited v Liquor, Hospitality and Miscellaneous Union [2007] FCAFC 137

FEDERAL COURT OF AUSTRALIA

Prestige Property Services Pty Limited v Liquor, Hospitality and Miscellaneous Union [2007] FCAFC 137

WORKPLACE RELATIONS – award – breach – failure to pay rates of pay specified for employees of contractors cleaning premises of State Government Departments and Instrumentalities – whether Victorian Arts Centre Trust a State Government instrumentality – ordinary meaning of instrumentality – whether meaning affected by history of award and context in which it was made – transition from State to federal regulation of contract cleaning industry

WORDS AND PHRASES – State Government instrumentality

Workplace Relations Act 1996 (Cth) Workplace Relations Amendment (Work Choices) Act 2005 (Cth) Industrial Relations Act 1988 (Cth) Workplace Relations and Other Legislation Amendment Act 1996 (Cth) Victorian Arts Centre Act 1979 (Vic) Building Services (Victoria) Award 1994 Building Services (Victoria) Award 2003 National Art Gallery and Cultural Centre Act 1956 (Vic) Melbourne South Land Act 1946 (Vic) Public Sector Management and Employment Act 1988 (Vic) Arts Victoria Act 1972 (Vic) Industrial Relations Act 1979 (Vic) Employee Relations Act 1992 (Vic) Cancer Act 1958 (Vic) Landlord and Tenant (Control of Rents) Act 1942-1949 (SA)

Re Anti-Cancer Council of Victoria; Ex Parte State Public Services Federation (1992) 175 CLR 442 Suttor v Gundowda Proprietary Limited (1950) 81 CLR 418 Coulton v Holcombe (1986) 162 CLR 1 Multicon Engineering Pty Ltd v Federal Airports Corporation (1997) 47 NSWLR 631 Li Pei Ye v Crown Limited [2004] FCAFC 8 Amcor Limited v Construction, Forestry, Mining and Energy Union (2005) 222 CLR 241 Short v FW Hercus Pty Limited (1993) 40 FCR 511 P & O Services Pty Ltd v Australian Liquor, Hospitality and Miscellaneous Services Union [1999] FCA 1129 Liquor, Hospitality and Miscellaneous Union v Prestige Property (2005) 141 IR 105