4 yearly review of modern awards—Plain language re-drafting—General Retail Industry Award 2010

In the recent case of the Fair Work Commission, the applicants sought a review of the General Retail Industry Award 2010, specifically focusing on the clarity and accessibility of the award's language. The applicants argued that the current language used in the award was overly complex and not easily understood by the average employee, potentially leading to misinterpretation and non-compliance. The dispute centred on whether the award's language could be revised to meet the standards set for modern awards, which mandate that awards be written in plain language to ensure they are easily accessible and comprehensible to all employees.

The primary legal issues the Commission needed to address were whether the General Retail Industry Award 2010 complied with the requirements for plain language re-drafting, and if the proposed changes would effectively improve the clarity and accessibility of the award for employees. The Commission also had to consider the implications of any proposed changes on the existing terms and conditions of employment and whether such changes were necessary to meet contemporary standards of fairness and transparency.

The Fair Work Commission found that the General Retail Industry Award 2010 did not fully meet the plain language standards as it contained complex terminology and structures that were not easily understood by the average employee. The Commission concluded that re-drafting the award in plain language was necessary to enhance clarity and accessibility, thereby ensuring employees could better understand their rights and obligations. The proposed changes were designed to simplify the language without altering the substantive terms and conditions of employment. As a result, the Commission approved the re-drafting of the award to meet the required plain language standards, aiming to promote better understanding and compliance among employees.