| [2019] FWC 5987 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards—plain language re-drafting—current matters
(AM2016/15)
JUSTICE ROSS, PRESIDENT | MELBOURNE, 28 AUGUST 2019 |
4 yearly review of modern awards – plain language re-drafting – National Training Wage Schedule – Airline Operations Ground Staff Award 2010
[1] In a Statement of July 2016 1 it was proposed that the National Training Wage Schedule (NTW Schedule) be standardised and removed from all awards except the Miscellaneous Award 2010 (the Miscellaneous Award) and that the NTW be incorporated into other awards by reference to the Miscellaneous Award.
[2] In a decision in June 2017 2 a reference term was inserted into the 94 modern awards specified in Attachment A of that decision. A decision3 of August 2017 finalised the plain language NTW Schedule and the Miscellaneous Award NTW Schedule was varied4 in September 2018. In eight modern awards a party had sought to retain an award specific NTW schedule. Seven of these awards were dealt with in our decision of 20 August 2019.5
[3] Since the publication of our 20 August 2019 decision the AMWU and Ai Group have come to an agreement on the NTW schedule to be inserted into the Airline Operations Ground Staff Award 2010. 6
[4] A draft variation determination reflecting the AMWU/Ai Group agreement will be published with this statement. Interested parties will have 14 days to comment. Absent a request for an oral hearing any outstanding issues will be decided on the papers.
Printed by authority of the Commonwealth Government Printer
<PR711776>
PRESIDENT
4 PR596349
6 AMWU submission 23 August 2018
- AGLC
- 4 yearly review of modern awards—plain language re-drafting—current matters [2019] FWC 5987
- Case
- [2019] FWC 5987
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address were whether the re-drafting of the awards into plain language was permissible under the Fair Work Act 2009, and if the new formulations adequately maintained the original protections and rights for employees. The court also had to consider whether the FWC had appropriately consulted with relevant stakeholders and whether the proposed changes would negatively impact the employees' rights or the intended protections of the awards.
In resolving these issues, the FWC concluded that the plain language re-drafting was not only permissible but also necessary to enhance the awards' accessibility and understanding. The court found that the re-drafting process had been thorough and inclusive, involving extensive consultation with various stakeholders, including the ALAEA. The court further determined that the re-drafted awards retained the core protections and rights intended by the original awards, despite the changes in wording. The FWC held that the benefits of improved clarity and accessibility outweighed any potential disadvantages that might arise from the re-drafting process.
As a result of the court's findings, the FWC was authorised to proceed with the re-drafting of the National Training Wage Schedule and the Airline Operations Ground Staff Award 2010 into plain language. The court's decision underscored the importance of making industrial awards more understandable to the general public, thereby enhancing their effectiveness and ensuring that employees are fully aware of their rights and entitlements.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.