4 yearly review of modern awards—Plain language project

Case

[2019] FWCFB 8502

20 DECEMBER 2019


Details
AGLC Case Decision Date
4 yearly review of modern awards—Plain language project [2019] FWCFB 8502 [2019] FWCFB 8502 20 DECEMBER 2019

CaseChat Overview and Summary

In the Fair Work Commission, the Clerks Private Sector Award 2010 was the subject of a four-yearly review process. The Clerks Union, acting as an interested party, contested the exposure draft of the revised award, specifically challenging the use of plain language in the award's text. The Fair Work Commission was required to determine whether the use of plain language in the award was appropriate and whether the union's concerns were justified. The commission examined the nature of the dispute, which centred on the use of plain language in the award and whether it was appropriate in the context of a legal document. The union argued that the use of plain language was not suitable for a legal document and could lead to confusion and misinterpretation. The commission was tasked with deciding whether the use of plain language was appropriate and whether the union's concerns were justified.

The Fair Work Commission found that the use of plain language in the award was appropriate and that the union's concerns were not justified. The commission noted that the use of plain language was intended to make the award more accessible and understandable to employees and employers, and that it did not detract from the legal effect of the award. The commission found that the use of plain language was consistent with the objectives of the Fair Work Act and did not compromise the enforceability of the award. The commission also noted that the union had not provided any evidence to support its concerns and that the use of plain language had been approved by the relevant stakeholders.

The Fair Work Commission concluded that the use of plain language in the award was appropriate and that the union's concerns were not justified. The commission found that the use of plain language was consistent with the objectives of the Fair Work Act and did not compromise the enforceability of the award. The commission approved the use of plain language in the award and rejected the union's objections. The Clerks Private Sector Award 2010 was updated to reflect the use of plain language, and the union's objections were dismissed. The commission's decision was based on its finding that the use of plain language was appropriate and did not compromise the enforceability of the award.
Details

Areas of Law

  • Labour Law

Legal Concepts

  • Labour Standards

  • Wage Regulation

  • Award System