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

The matter before the Fair Work Commission involved the 4 yearly review of the Hospitality Industry (General) Award 2010, specifically focusing on the plain language re-drafting of award-specific clauses. The dispute centred on the interpretation and re-drafting of certain provisions within the award to ensure clarity and accessibility for all employees within the hospitality industry. The Fair Work Commission was tasked with assessing the submissions from various stakeholders, including industry representatives and employee advocates, to determine the most appropriate language for the award.

The primary legal issue before the Commission was to ensure that the re-drafted award clauses maintained their original intent and legal efficacy while being accessible to a broad audience. The Commission had to balance the need for clarity and simplicity in the language used with the necessity of preserving the award's integrity and enforceability. This involved examining the submissions from various stakeholders and considering the potential impact of the re-drafted clauses on both employers and employees within the hospitality sector.

In its decision, the Commission emphasised the importance of plain language in modern awards to enhance understanding and compliance. The Commission meticulously reviewed the proposed re-drafts, making adjustments to improve clarity without altering the substantive rights and obligations of the parties. The outcome of the review resulted in several amendments to the award, which aimed to simplify the language while ensuring that the award's provisions remained legally robust and enforceable. The Commission's final orders incorporated these changes, reflecting a commitment to enhancing the accessibility and effectiveness of the Hospitality Industry (General) Award 2010.