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

The case before the Fair Work Commission involved a dispute regarding the review and redrafting of modern awards in plain language. The Fair Work Commission was tasked with reviewing the Clerks—Private Sector Award 2010 and implementing a revised timetable for the plain language project. The parties involved were the Australian Council of Trade Unions and the Australian Industry Group, who represented the interests of employers and employees, respectively.

The primary legal issue the Commission had to address was whether the proposed revised timetable for the plain language redrafting of modern awards was appropriate and in line with the objectives of the Fair Work Act 2009. This involved considering the need for clear and accessible language in awards to ensure compliance and understanding by both employers and employees. The Commission also had to balance the interests of both parties and ensure the revised timetable was feasible and did not unduly delay the review process.

The Fair Work Commission found that the revised timetable for the plain language redrafting of modern awards was appropriate and would allow for a more efficient and effective review process. The Commission considered the feedback from stakeholders and recognised the importance of clear and accessible language in awards. In reaching this decision, the Commission emphasised the need for a collaborative approach to the plain language project, involving both employers and employees in the redrafting process. The Commission also acknowledged the importance of maintaining a balance between the need for clear language and the potential impact on the review process.

The Fair Work Commission approved the revised timetable for the plain language redrafting of modern awards, with specific reference to the Clerks—Private Sector Award 2010. The Commission directed the parties to work together to ensure the successful implementation of the plain language project and to provide regular updates on their progress. The Commission also emphasised the importance of ongoing consultation and collaboration between employers and employees to achieve the objectives of the plain language project.