4 yearly review of modern awards – Plain language re-drafting – Cleaning Services Award 2010

Case

[2018] FWC 3842

29 JUNE 2018


Details
AGLC Case Decision Date
4 yearly review of modern awards – Plain language re-drafting – Cleaning Services Award 2010 [2018] FWC 3842 [2018] FWC 3842 29 JUNE 2018

CaseChat Overview and Summary

The case before the Fair Work Commission was a review of the Cleaning Services Award 2010, conducted as part of the statutory four-yearly review process. The review was aimed at re-drafting the award into plain language, to improve its readability and accessibility for the employees and employers covered by the award. The parties involved were the employer representatives, employee representatives, and the Fair Work Commission, which conducted the review.

The primary legal issues before the Commission were whether the proposed plain language re-drafting of the Cleaning Services Award 2010 accurately reflected the original award's provisions and maintained its intended effect, and whether the re-drafting complied with the legislative requirements for clarity and accessibility. The Commission needed to determine whether the re-drafting appropriately balanced the need for simplicity with the necessity to preserve the original award's intent and legal effect.

The Fair Work Commission found that the proposed plain language re-drafting of the Cleaning Services Award 2010 met the requirements of the review process. The Commission concluded that the re-drafting accurately reflected the original award's provisions and intended effect, and that it complied with the legislative requirements for clarity and accessibility. The Commission considered the input from the parties and the evidence provided, and found that the re-drafting achieved the desired balance between simplicity and preserving the original award's intent. As a result, the Commission approved the plain language re-drafting of the Cleaning Services Award 2010, which will now be the updated modern award for the cleaning services industry.

No additional orders were made by the Commission beyond the approval of the plain language re-drafting of the Cleaning Services Award 2010. The updated award will now be in effect, providing clearer and more accessible terms and conditions for employees and employers in the cleaning services industry.
Details

Areas of Law

  • Employment & Labour Law

Legal Concepts

  • Award Re-Drafting

  • Employment Conditions

  • Industrial Relations