4 yearly review of modern awards – Plain language re-drafting – Pharmacy Industry Award 2010

The case before the Fair Work Commission involved a review of the Pharmacy Industry Award 2010, as part of the statutory requirement for a four-yearly assessment of modern awards. The review aimed to ensure that the award's language was in plain English, making it more accessible and understandable for employees within the pharmacy sector. This re-drafting process was mandated to enhance transparency and clarity in the award's provisions, thereby facilitating better compliance and understanding among employers and employees alike.

The primary legal issue the Commission addressed was whether the re-drafted version of the Pharmacy Industry Award 2010 effectively achieved the goal of plain language, while maintaining the original intent and coverage of the award. This involved assessing whether the re-drafted award was faithful to the statutory requirements and the principles of plain language, ensuring it was clear, concise, and easily understandable without altering the substantive rights and obligations of the parties.

The Fair Work Commission found that the re-drafted version of the Pharmacy Industry Award 2010 successfully adhered to the principles of plain language. The Commission concluded that the re-drafting process did not compromise the original intent of the award, as it preserved the essential terms and conditions of employment for pharmacy workers. The language used in the re-drafted award was deemed sufficiently clear and accessible, thus fulfilling the statutory requirement for plain language in modern awards. As a result, the Commission approved the re-drafted award, ensuring its continued effectiveness and relevance in regulating employment conditions within the pharmacy industry.