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

The matter before the Fair Work Commission involved a review of the Restaurant Industry Award 2010, mandated by the Fair Work Act to occur every four years. The review aimed to redraft the award in plain language to ensure clarity and accessibility for all stakeholders, including employers and employees within the restaurant industry. The Commission was tasked with considering submissions from various parties, including employer and employee organisations, and making recommendations to the Minister for Fair Work.

The primary legal issues before the Commission were whether the proposed plain language redrafting of the award accurately reflected the original provisions, whether it adequately addressed identified ambiguities, and whether it was consistent with the legislative objectives of ensuring fairness and clarity in workplace awards. The Commission also had to consider the impact of the redrafting on various stakeholders, including small business operators and employees, to ensure that the revised award met the needs of the industry while remaining compliant with the Fair Work Act.

The Fair Work Commission determined that the plain language redrafting of the Restaurant Industry Award 2010 was generally successful in clarifying and simplifying the award while retaining the essential provisions of the original award. The Commission noted that the redrafting had addressed many of the identified ambiguities and made the award more accessible to all parties. However, the Commission made several recommendations for minor amendments to ensure that the award remained fair and consistent with legislative requirements. The Commission concluded that the revised award effectively balanced the needs of employers and employees, and it recommended that the Minister for Fair Work approve the redrafting as proposed, subject to the minor amendments suggested.

The final orders of the Fair Work Commission were that the Minister for Fair Work approve the plain language redrafting of the Restaurant Industry Award 2010, subject to the recommended minor amendments. The Commission also directed that the award be published and come into effect on the date of the Minister's approval, ensuring that all stakeholders would have access to the revised award in a timely manner.