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

The Fair Work Commission (FWC) undertook a four-yearly review of the General Retail Industry Award 2010, focusing on its re-drafting in plain language. The review was initiated by the Fair Work Act 2009, which mandates periodic updates to ensure awards remain clear and accessible to employees and employers. The review was contested by several parties, including the Australian Retailers Association and the Shop, Distributive and Allied Employees’ Association, each presenting arguments on how the re-drafting should proceed.

The central legal issue before the FWC was the appropriate scope and methodology for re-drafting the award in plain language. The parties debated whether the re-drafting should merely involve linguistic simplification or if it should also incorporate substantive changes to the award's provisions. The FWC had to balance the need for clarity and accessibility against preserving the intended legal protections and obligations set out in the original award.

In addressing these issues, the FWC concluded that the re-drafting should focus on linguistic simplification while maintaining the integrity of the award’s original provisions. The FWC emphasised that any changes should not alter the substantive rights and obligations of employees and employers. The FWC also noted the importance of engaging with stakeholders to ensure the plain language re-drafting effectively communicated the award's terms. The outcome of the review was a re-drafted award that used plain language, making the award easier to understand without altering its legal substance.

The FWC issued the re-drafted General Retail Industry Award 2010, which was implemented to ensure clarity and accessibility while preserving the award's original intent and legal framework. This decision underscores the FWC's commitment to updating awards to meet contemporary standards of clarity without compromising their fundamental purpose.