4 yearly review of modern awards—plain language re-drafting—current matters

Case

[2019] FWC 5987

28 AUGUST 2019


Details
AGLC Case Decision Date
4 yearly review of modern awards—plain language re-drafting—current matters [2019] FWC 5987 [2019] FWC 5987 28 AUGUST 2019

CaseChat Overview and Summary

The Fair Work Commission, specifically Deputy President L H V Bryant, was tasked with reviewing the modern awards to ensure they are written in plain language. The review encompassed various awards, including the National Training Wage Schedule and the Airline Operations Ground Staff Award 2010. The central issue for the Commission was whether the awards, as drafted, met the requirement to be written in plain language. This involved examining the clarity, conciseness, and accessibility of the awards' language.

The Commission assessed the plain language re-drafting of the awards, considering the National Consumer Law's mandate for awards to be written in plain language. The Deputy President examined whether the awards' current wording was understandable to a layperson and whether the re-drafted versions improved clarity and accessibility. The Deputy President also considered submissions from stakeholders and the impact of the re-drafting on the awards' effectiveness in regulating employment conditions.

After reviewing the submissions and considering the statutory requirement for plain language, the Deputy President concluded that the re-drafted versions of the awards were more accessible and understandable to employees and employers. The Commission determined that the re-drafting process had successfully improved the awards' clarity and conciseness, aligning them with the plain language mandate. Consequently, the Deputy President recommended the adoption of the re-drafted versions of the awards, subject to any necessary minor amendments to address specific concerns raised during the review process.

The Fair Work Commission ordered the adoption of the re-drafted versions of the awards, with the understanding that minor amendments may be made following further consultation. The decision emphasised the importance of ensuring that modern awards are written in plain language to facilitate better understanding and compliance among employees and employers.
Details

Areas of Law

  • Labour Law

  • Administrative Law

Legal Concepts

  • Standing

  • Unconscionable Conduct

  • Statutory Interpretation