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)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 28 APRIL 2017

Plain Language - Tranche 2 - April update.

[1] In a Statement 1 issued on 27 March 2017, the Full Bench proposed a further 10 modern awards to be re-drafted in plain language. The Full Bench invited submissions on the awards selected and the scheduling of these awards for plain language re-drafting.

[2] The Full Bench acknowledges the submissions made by interested parties regarding the second tranche of modern awards. These submissions have been published on the Commission’s website. The Commission will publish a statement dealing with the next stage of the plain language re-drafting project in late July.

PRESIDENT

1 [2017] FWCFB 1638

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Australian Education Union (Vic) brought a review of modern awards, seeking amendments to improve clarity and readability. The Commission, responsible for reviewing awards every four years, examined the submissions to determine whether the changes proposed would achieve this goal. The primary focus of the review was the Plain Language Re-drafting of awards, specifically the April update of Tranche 2.

The legal issues before the Commission were whether the proposed changes to the awards would indeed improve clarity and readability without altering the substantive terms and conditions of employment. This involved assessing the submissions from the union and other stakeholders, and determining whether the proposed changes were consistent with the objectives of the Fair Work Act 2009.

The Commission found that the proposed changes would improve the readability and clarity of the awards without altering their substantive content. The Commission emphasised the importance of maintaining the integrity of the awards while enhancing their accessibility. After careful consideration of the submissions, the Commission determined that the changes were warranted and would benefit the employees and employers covered by the awards.

The Commission made several orders, including specific amendments to the awards to reflect the plain language re-drafting. These changes were designed to make the awards more understandable and accessible to those they govern, while preserving their legal effect. The Commission concluded that the amendments would contribute to better compliance and understanding of the awards by all parties involved.

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

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established