4 yearly review of modern awards – Plain language re-drafting – Restaurant Industry Award 2010 and Hospitality Industry (General) Award 2010 (Am2016/15, AM2014/272 and AM2014/284)

In the Fair Work Commission, the review of the Restaurant Industry Award 2010 and the Hospitality Industry (General) Award 2010 under the Fair Work Act 2009 was undertaken. The parties involved included United Voice, Business SA, Australian Hotels Association, Australian Business Industrial and NSW Business Chamber, and others. The central issue was the re-drafting of these awards in plain language to ensure clarity and accessibility.

The legal issues before the court involved the interpretation and potential changes to specific clauses within the awards, such as definitions, employment conditions, and payment structures. The court was tasked with ensuring that the plain language re-drafting did not alter the original intent and interpretation of the awards while improving readability and comprehension.

The Fair Work Commission addressed the concerns raised by the interested parties and the plain language expert. It invited further submissions on specific issues to clarify points and ensure that the re-drafting process was transparent and inclusive. The court emphasised the importance of accurately characterising submissions and requested final submissions by a specified deadline. The matter was scheduled for a conference to allow for further discussion and final determination.

The Fair Work Commission concluded that the next steps would involve reviewing the revised plain language exposure drafts, considering the comments and submissions received, and making final determinations on the outstanding issues. The court aimed to ensure that the awards were effectively re-drafted in plain language while preserving their original intent.