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

In the Fair Work Commission, the applicant, the Australian Retailers Association, challenged a re-drafting of the General Retail Industry Award 2010 by the respondent, the Australian Fair Pay Commission. The dispute centred on the proposed changes to the award's language, which the applicant argued could lead to confusion and misinterpretation among employers and employees. The commission was tasked with determining whether the re-drafting complied with the statutory requirements under the Fair Work Act 2009 and if the changes were justified to improve clarity and accessibility.

The legal issues before the commission included whether the re-drafting process adhered to the statutory mandate for clarity and plain language, and if the proposed changes were necessary and beneficial. The commission had to consider the statutory objectives of ensuring awards are clear, concise, and accessible while also preserving the integrity and intent of the original award provisions. Additionally, the commission needed to assess whether the changes aligned with the broader objectives of modern awards to provide fair and effective regulation of employment conditions.

The commission found that the re-drafting process followed the statutory requirements and served to enhance the clarity and accessibility of the award. The changes were deemed necessary to align with the legislative intent of simplifying awards without altering their substantive effect. The commission concluded that the proposed re-drafting improved the readability and comprehensibility of the award, facilitating better understanding and compliance among stakeholders. Therefore, the commission upheld the re-drafting as compliant with the statutory mandates and in the public interest.

The final orders confirmed the re-drafting of the General Retail Industry Award 2010 as proposed by the respondent, with the effective date set for a specified future date. The commission directed that all relevant parties be notified of the changes and provided a transition period to adapt to the new award language. This decision ensures that the award remains a clear and effective regulatory instrument for the retail industry.