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

The matter before the Fair Work Commission was a review of the General Retail Industry Award 2010, conducted as part of the statutory four-yearly process. The review was initiated by the Fair Work Commission to ensure the award remains clear, concise and reflects contemporary language. The primary parties involved were the retail employers, retail employees, and their respective representative organisations. The dispute centred on the need to revise the award's language to improve clarity and accessibility, particularly for employees and employers who might not be legally or commercially sophisticated.

The legal issues before the Commission included determining whether the plain language re-drafting of the award was necessary to fulfil its statutory purpose, and if any changes were required to better align with contemporary standards of clarity and readability. Additionally, the Commission had to consider the balance between maintaining the integrity of the original award provisions and ensuring the updated language did not alter the intended meaning or effect of the award provisions. The Commission was also tasked with ensuring that the revised award complied with any relevant legislative requirements and that it was consistent with other relevant awards.

In addressing these issues, the Fair Work Commission examined the original award provisions, assessed submissions from relevant parties, and evaluated the impact of proposed changes. The Commission found that plain language re-drafting was necessary to improve clarity and accessibility without altering the substantive rights and obligations under the award. The Commission also determined that the proposed changes were consistent with the original intent of the award and did not introduce any unintended consequences. Consequently, the Commission approved the revised award, implementing changes that enhanced readability and understanding while preserving the award's integrity.

The Fair Work Commission's final order was to approve the updated General Retail Industry Award 2010, which incorporated the plain language re-drafting. The updated award was to come into effect on the date specified by the Commission, ensuring that employers and employees had adequate notice and time to adjust to the changes. The Commission's decision aimed to provide a clearer and more accessible award, facilitating better compliance and understanding among the parties.