4 yearly review of modern awards—Pharmacy Industry Award 2010

Case

[2017] FWCFB 344

20 JANUARY 2017


Details
AGLC Case Decision Date
4 yearly review of modern awards—Pharmacy Industry Award 2010 [2017] FWCFB 344 [2017] FWCFB 344 20 JANUARY 2017

CaseChat Overview and Summary

The Fair Work Commission was reviewing the Pharmacy Industry Award 2010 as part of its 4 yearly review of modern awards. The review was conducted to ensure that the award was in line with the objectives of the Fair Work Act 2009, and to improve the readability and accessibility of the award for employees and employers. The review was conducted by the Fair Work Ombudsman, who sought to incorporate plain language principles into the drafting of the award. The review process involved consultation with various stakeholders, including employees, employers, and industry experts.

The legal issues before the Commission were whether the proposed changes to the Pharmacy Industry Award 2010 complied with the requirements of the Fair Work Act 2009 and whether the plain language drafting principles were appropriately applied. The Commission considered whether the proposed changes to the award were necessary to achieve the objectives of the Act and whether they were consistent with the relevant provisions of the Act. The Commission also considered whether the plain language drafting principles were appropriately applied to the award and whether they improved the readability and accessibility of the award for employees and employers.

The Fair Work Commission found that the proposed changes to the Pharmacy Industry Award 2010 complied with the requirements of the Fair Work Act 2009 and that the plain language drafting principles were appropriately applied. The Commission found that the proposed changes to the award were necessary to achieve the objectives of the Act and that they were consistent with the relevant provisions of the Act. The Commission also found that the plain language drafting principles improved the readability and accessibility of the award for employees and employers. The Commission approved the proposed changes to the award, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission made orders approving the proposed changes to the Pharmacy Industry Award 2010, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The Commission also directed that the modified award be published on the Fair Work Ombudsman’s website and that the award be brought into operation on a date to be determined by the Commission. The Commission further directed that the award be reviewed again in four years’ time, in accordance with the requirements of the Act.
Details

Areas of Law

  • Labour Law

Legal Concepts

  • Plain language project

  • Drafting Guidelines