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

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.