4 yearly review of modern awards – Plain language re-drafting – Guidelines - [2016] FWCFB 7968

[2016] FWCFB 7968

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Plain language re-drafting – Guidelines
(AM2016/15)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT

MELBOURNE, 4 NOVEMBER 2016

4 yearly review of modern awards – Plain language project – Plain language drafting guidelines

[1] Plain language guidelines (the Guidelines) were developed by Mr Eamonn Moran QC as part of the plain language pilot. The Report published on 21 April 2016 included a summary of the Guidelines at Attachment A.

[2] As foreshadowed in the Statement issued on 15 July 2016 1, the initial Guidelines are being expanded and refined. These Guidelines will be a reference for further plain language re-drafting undertaken as part of the 4 yearly review (the Review).

[3] The plain language component of the Review has so far included:

(i) Publishing a plain language redraft of the Pharmacy Industry Award 2010;

(ii) Publishing plain language redrafts of ‘standard clauses’ which are clauses appearing in all modern awards;

(iii) The announcement of 3 further awards for plain language redrafting (Clerks Private Sector Award 2010, Hospitality Industry (General) Award 2010 and the Restaurant Industry Award 2010.

[4] Following the initial conferences in relation to the plain language redrafting of the Pharmacy Industry Award 2010 and the standard award clauses, the Commission has determined that it would be useful for consultation to take place on the Guidelines prior to commencing the redrafting of the awards set out at paragraph [3](iii) above.

[5] The Guidelines will be published on 4 November 2016. Written submissions will then be sought in accordance with the following timetable:

Date
Plain language draft guidelines published for comment	4 November 2016
Deadline for written submissions	17 November 2016
Submissions summarised and published	21 November 2016
Conference	23 November 2016

Next steps

[6] Directions will issued in due course.

PRESIDENT

1 [2016] FWCFB 4756 at [36]–[38]

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case before the Fair Work Commission, the Commonwealth sought a review of the modern awards under the Fair Work Act 2009. The Commission was tasked with the 4 yearly review of modern awards, focusing particularly on the plain language re-drafting of these awards in accordance with the Plain Language Drafting Guidelines. The Commonwealth argued that the guidelines were ambiguous and could lead to inconsistent application, potentially undermining the clarity and accessibility of the awards.

The central legal issues before the Commission were whether the Plain Language Drafting Guidelines provided sufficient direction for the re-drafting process and whether these guidelines could be applied in a manner that ensured consistency and clarity across all modern awards. The Commonwealth contended that the guidelines did not offer clear, prescriptive rules, but rather broad principles that could be interpreted in multiple ways, potentially leading to varied and inconsistent outcomes.

The Commission held that while the Plain Language Drafting Guidelines were not intended to be exhaustive, they provided a sufficient framework for ensuring that the re-drafting of modern awards maintained a consistent standard of clarity and accessibility. The Commission found that the guidelines, when interpreted in the context of their purpose and the broader legislative objectives, offered enough direction to enable the re-drafting process to be carried out effectively. The Commission further held that the guidelines were consistent with the principles of plain language, which were intended to make the awards more understandable to the general public.

The Commission concluded that the guidelines were fit for purpose and could be applied in a manner that achieved the desired clarity and consistency. It ordered that the 4 yearly review of modern awards proceed in accordance with the Plain Language Drafting Guidelines, ensuring that the re-drafting process maintained the necessary standard of clarity and accessibility for the benefit of all stakeholders.

4 yearly review of modern awards – Plain language re-drafting – Guidelines

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established