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

In the Fair Work Commission, the applicant, the Australian Council of Trade Unions (ACTU), initiated a review of the Cleaning Services Award 2010 under the Fair Work Act 2009. The primary dispute revolved around the need to re-draft the award using plain language to ensure clarity and accessibility for employees and employers alike. The Commission was tasked with assessing the current award provisions and determining whether any changes were necessary to improve understanding and compliance.

The legal issues before the Commission included the interpretation and application of the plain language requirements set out in section 225 of the Fair Work Act. The ACTU argued that the existing language of the Cleaning Services Award 2010 was overly complex and contained technical jargon that hindered its effectiveness. The Commission had to balance the need for clear and concise language against the potential loss of detail that might result from oversimplification. Furthermore, the Commission needed to consider the implications of any changes on existing employment conditions and the practicalities of implementation for the industry.

After reviewing submissions from various stakeholders, including employers, employees, and industry representatives, the Commission determined that several provisions of the Cleaning Services Award 2010 could be simplified without compromising their intent or effectiveness. The Commission made amendments to enhance readability and accessibility, ensuring that the award met the statutory requirements for plain language. The changes included rephrasing complex terms, reducing unnecessary jargon, and providing clearer definitions where needed. The Commission also considered the practical aspects of implementing the revised award, ensuring that the changes would not cause undue hardship to employers or disrupt the workforce.

The final orders included the revised Cleaning Services Award 2010, which incorporated the plain language changes. The new award was designed to be more user-friendly while maintaining the integrity of the original provisions. The Commission’s decision aimed to improve compliance and understanding among the parties covered by the award, ultimately promoting better workplace relations within the cleaning services industry.