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

The case involved the Fair Work Ombudsman, who sought to review and amend the General Retail Industry Award 2010 as part of a mandated four-yearly review process. The dispute centred on the need to re-draft the award in plain language to ensure clarity and accessibility for all employees within the retail sector. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The legal issues before the Commission were whether the proposed changes to the award, specifically the plain language re-drafting, were necessary and appropriate to meet the requirements of the Fair Work Act 2009. Additionally, the court needed to determine if the modifications complied with procedural fairness and whether the re-drafted provisions adequately protected employees’ rights and interests.

The Fair Work Commission found that the plain language re-drafting was essential to fulfil the statutory mandate for clarity and accessibility. The Commission held that the proposed changes were necessary and appropriate, as they ensured that the award was comprehensible to all retail employees, thus enhancing their understanding of their rights and entitlements. The Commission also concluded that the process followed procedural fairness, and the re-drafted award effectively protected the rights of employees.

As a result, the Fair Work Commission approved the plain language re-drafting of the General Retail Industry Award 2010, incorporating the proposed changes into the award. The decision emphasised the importance of clear and accessible language in industrial awards to empower employees with a better understanding of their rights and obligations.