4 yearly review of modern awards—Plain language re-drafting—Hair and Beauty Industry Award 2010

The Fair Work Commission (FWC) recently addressed a dispute concerning the re-drafting of the Hair and Beauty Industry Award 2010 as part of its 4 yearly review process. The review aimed to ensure the award's language was clear and accessible, aligning with the Fair Work Act's objective of providing a safety net of minimum entitlements. The Hair and Beauty Industry Training Pty Ltd sought changes to the award, arguing that the current language was overly complex and difficult to understand, potentially leading to non-compliance and disputes. Conversely, the Australian Hairdressing and Beauty Industry Employees' Union opposed the proposed changes, maintaining that the current award was sufficient and that alterations might undermine employee protections.

The key legal issues before the FWC were whether the proposed changes to the award's language were necessary to meet the objectives of the Fair Work Act and whether such changes would appropriately balance the interests of employers and employees. The FWC considered whether the current award adequately provided a safety net of minimum entitlements and if the proposed changes would facilitate better compliance and understanding without compromising employee rights. The commission also assessed whether the changes would introduce unnecessary complexity or potentially weaken protections for employees.

In its decision, the FWC concluded that while the current award provided a safety net of minimum entitlements, there was room for improvement in clarity and accessibility. The commission found that simplifying the language of the award would aid in better compliance and reduce disputes, without adversely affecting employee protections. The FWC adopted a number of the proposed changes, emphasising that the revised award still ensured a safety net of minimum entitlements. The changes included simplifying terminology, restructuring certain sections for better readability, and providing clearer definitions and explanations.

The final orders mandated that the Hair and Beauty Industry Award 2010 be amended as per the FWC's decision. The revised award was to come into effect on a specified date, providing both employers and employees with adequate notice of the changes. The FWC's decision underscored its commitment to ensuring that modern awards are not only legally sound but also practical and easily understood by those they govern.