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

The parties involved in the dispute were the Australian Council of Trade Unions, the Australian Chamber of Commerce and Industry, and the Fair Work Commission. The nature of the dispute was a 4 yearly review of modern awards, specifically regarding the substitution of public holidays by majority agreement and alleged inconsistencies with the National Employment Standards. The case was heard by the Fair Work Commission's Full Bench. The legal issues the court had to decide were whether the proposed changes to the awards were consistent with the National Employment Standards and whether the proposed substitution of public holidays by majority agreement was lawful. The court had to determine if the changes to the awards would result in inconsistencies with the National Employment Standards and if the proposed substitution of public holidays by majority agreement was in line with the Fair Work Act. The court's reasoning and outcome were that the proposed changes to the awards were inconsistent with the National Employment Standards and that the proposed substitution of public holidays by majority agreement was not lawful. The court found that the changes to the awards would result in inconsistencies with the National Employment Standards and that the proposed substitution of public holidays by majority agreement was not consistent with the Fair Work Act. The court referred the matter to a Plain Language Full Bench to consider the proposed changes to the awards and the substitution of public holidays by majority agreement. The final orders of the court were that the proposed changes to the awards were not to be implemented and that the matter was to be referred to a Plain Language Full Bench for further consideration.