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

In the Fair Work Commission, the parties involved in the 4 yearly review of modern awards were the Retail and Fast Food Systems Employees’ Union of Australia and the Retail Industry Association. The dispute centred around the plain language re-drafting of the General Retail Industry Award 2010, focusing on the award's readability and clarity. The Commission was tasked with ensuring the award's provisions were accessible to the general public, particularly employees and employers within the retail sector. The legal issues before the Commission were primarily concerned with the interpretation of the Fair Work Act 2009 and the Fair Work Regulations 2009, as well as the principles of natural justice and procedural fairness.

The Commission considered various submissions from both parties and undertook a comprehensive review of the award's provisions. It examined whether the language used in the award was clear and understandable, ensuring that it met the requirements of the Fair Work Act. The Commission also assessed whether the proposed changes to the award's language maintained the balance between the interests of employers and employees, and whether the changes were necessary to improve the overall clarity and accessibility of the award. In its reasoning, the Commission emphasised the importance of ensuring that awards were easily understood by the parties they governed, as this was essential for effective compliance and enforcement.

After considering the submissions and evidence presented, the Commission determined that the proposed changes to the General Retail Industry Award 2010 improved the award's readability and clarity. The Commission accepted that the proposed changes did not alter the substantive rights and obligations of the parties and that the changes were necessary to meet the requirements of the Fair Work Act. The Commission found that the proposed changes were in the best interests of the retail industry and would promote better understanding and compliance with the award's provisions. The Commission ordered that the General Retail Industry Award 2010 be amended in accordance with the proposed changes, which were designed to enhance the award's accessibility and clarity.