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

In a recent decision, the Fair Work Commission (FWC) reviewed the modern awards under its 4 yearly review process. The review was conducted as part of the Plain Language Project, aimed at simplifying and clarifying the language used in modern awards. The dispute arose from submissions made by various stakeholders, including employers and employee representatives, regarding the proposed changes to the awards' language.

The central legal issue for the FWC was to determine whether the proposed changes to the modern awards' language would better reflect the intent of the original awards while maintaining their integrity and ensuring they remain fair and reasonable. The FWC had to balance the need for clarity and simplicity with the necessity of preserving the substantive rights and obligations enshrined in the awards.

The FWC considered various submissions and evidence presented during the review process. It found that the proposed changes to the awards' language would enhance clarity and accessibility without compromising the awards' intent or fairness. The FWC was satisfied that the changes would help ensure that the awards are more easily understood by employers and employees alike, thereby promoting better compliance and enforcement. The FWC approved the revised modern awards, incorporating the changes as proposed.

The FWC's decision ensures that the modern awards continue to provide a fair and reasonable framework for employment conditions, while also being accessible and understandable to all parties. The revised awards will come into effect from the specified commencement date, providing clarity and certainty to the employment landscape in Australia.