4 yearly review of modern awards – Plain language re-drafting

Case [2017] FWC 2579


[2017] FWC 2579
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Plain language re-drafting
(AM2016/15, AM2014/272 & AM2014/284)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 10 MAY 2017

Plain Language – Restaurant Industry Award 2010 and Hospitality Industry (General) Award 2010 – Directions and updated timetable.

[1] Plain language exposure drafts of the Restaurant Industry Award 2010 and the Hospitality Industry (General) Award 2010 were published on 21 and 27 April 2017 respectively.

[2] Parties were notified of dates for filing submissions via the Commission’s subscription service. The purpose of this Statement is to confirm the submission dates in respect of these plain language exposure drafts and to update the plain language timetable.

[3] Submissions relating to the Restaurant and Hospitality plain language exposure drafts are due on Thursday 8 June 2017. Reply submissions are due on Thursday 22 June 2017.

[4] In a Statement 1 of 27 March 2017 the Full Bench published an updated timetable for the plain language drafting of modern awards. A further updated timetable incorporating the dates above is included at Attachment A.

PRESIDENT

Attachment A—Further updated plain language drafting of modern awards timetable

A.1 Pharmacy Industry Award 2010

Plain language draft Pharmacy Industry Award

Date

Decision published

21 March 2017

Hearing by video link

18 April 2017

Submissions re: outstanding award-specific issues

25 April 2017

A.2 All awards

Plain language draft standard clauses

Date

Further conference

11 April 2017

Plain language guidelines

Revised draft guidelines published

20 January 2017

Deadline for submissions on revised guidelines

10 February 2017

Guidelines published in final form

w/c/ 22 May 2017

National Training Wage Schedule

Date

Submissions summarised and published

20 April 2017

A.3 Four modern awards selected for plain language re-drafting

Clerks—Private Sector Award 2010

Date

Submissions on award-specific clauses summarised and published

26 April 2017

Conference

To be advised

Hearing

To be advised

Hospitality Industry (General) Award 2010 and Restaurant Industry Award 2010

Date

Exposure drafts (including plain language award-specific clauses) published for comment

21 April 2017 (Rest)

27 April 2017 (Hosp)

Deadline for written submissions

8 June 2017

Deadline for reply written submissions

22 June 2017

Submissions on award-specific clauses summarised and published

w/c 3 July 2017

Conference

To be advised

Hearing

To be advised

General Retail Industry Award 2010

Date

Exposure draft (including plain language award-specific clauses) published for comment

w/c 29 May 2017

Deadline for written submissions

To be advised

Deadline for reply written submissions

To be advised

Submissions on award-specific clauses summarised and published

To be advised

Conference

To be advised

Hearing

To be advised

 1   [2017] FWCFB 1638.

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Details
AGLC
4 yearly review of modern awards – Plain language re-drafting [2017] FWC 2579
Case
[2017] FWC 2579
Decision Date

CaseChat Overview and Summary

The Fair Work Commission (FWC) was called upon to review and re-draft the Restaurant Industry Award 2010 and the Hospitality Industry (General) Award 2010 in plain language. The Commission published exposure drafts of these awards on 21 and 27 April 2017 respectively. This review was part of a broader effort to ensure that modern awards are written in a clear and accessible manner, facilitating better understanding and compliance among employees and employers.

The legal issues before the FWC centred around the timing and process for submissions and responses regarding the plain language re-drafting of the awards. The Commission had to confirm the submission dates and ensure that all relevant parties were notified and had an opportunity to provide feedback on the exposure drafts. This involved updating the timetable for the plain language drafting process, which had been previously set out in a Statement issued on 27 March 2017.

In its decision, the FWC confirmed the submission deadlines for the plain language exposure drafts. Submissions were due by 8 June 2017, with reply submissions due by 22 June 2017. The updated timetable was published alongside the Statement to provide clarity and ensure all parties were aware of the deadlines. The FWC also noted that summaries of submissions on award-specific clauses would be published by 3 July 2017, with conferences and hearings to be scheduled as necessary.

The FWC's decision provided a clear and updated schedule for the submission process, ensuring that all stakeholders had the opportunity to contribute to the re-drafting of the awards in plain language. This would facilitate a more transparent and inclusive process, ultimately leading to clearer and more accessible award provisions.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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