4 yearly review of modern awards

The case involved the Fair Work Commission's review of modern awards, specifically focusing on the Tranche 3 awards, including the Graphic Arts, Printing and Publishing Award 2010. The dispute centred on the finalisation of Exposure Drafts and draft variation determinations. The Fair Work Commission was tasked with ensuring that the awards reflected the current industrial relations landscape and provided fair outcomes for both employers and employees.

The legal issues before the court included whether the Fair Work Commission had adhered to the proper process in finalising the Exposure Drafts and draft variation determinations, and whether the changes proposed were consistent with the objects of the Fair Work Act 2009. Additionally, the court had to consider whether the proposed changes to the awards were reasonable and appropriate, taking into account the evidence presented during the review process.

The Fair Work Commission found that it had properly followed the process outlined in the Fair Work Act, including providing an opportunity for public consultation and considering the submissions received. The court also determined that the changes proposed in the Exposure Drafts and draft variation determinations were consistent with the objects of the Act and were reasonable and appropriate. The court noted that the Commission had given careful consideration to the evidence and submissions, and had made adjustments where necessary to ensure that the awards continued to provide fair outcomes for all parties.

The final orders of the court confirmed the Fair Work Commission's decisions regarding the finalisation of the Exposure Drafts and draft variation determinations for the Tranche 3 awards, including the Graphic Arts, Printing and Publishing Award 2010. The court found that the Commission had acted within its powers and had made decisions that were consistent with the law and the evidence presented. The orders confirmed the new award provisions and provided for their commencement on a specified date.