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

The Fair Work Commission, presided over by Commissioner Holmes, conducted a four-yearly review of the Restaurant Industry Award 2010, focusing on the redrafting of the award's language to enhance clarity and accessibility. This review was undertaken to ensure that the award's provisions remain fair and relevant, particularly in light of changes in the industry and the need to cater to a broader audience including those who may not be legally literate. The review process involved consultations with industry stakeholders, including employers and employees, as well as legal experts to ensure that the plain language redrafting did not alter the substantive rights and obligations under the award.

The primary legal issues the Commission addressed were whether the proposed redrafting of the award's language achieved the objective of simplifying the text without compromising its legal integrity, and whether the changes adequately reflected industry practices and the evolving nature of employment in the restaurant sector. The Commission had to balance the need for clarity and accessibility with the necessity of maintaining the legal precision of the award. Additionally, the Commission examined whether the proposed changes were consistent with other awards and modern awards to ensure uniformity across the industry.

In its reasoning, the Commission noted that the proposed changes to the award's language were generally successful in making the award more accessible without altering its legal effect. The Commission found that the plain language redrafting achieved a better balance between simplicity and legal precision, making it easier for employees and employers to understand their rights and obligations. The Commission also considered the feedback from industry stakeholders and determined that the changes were reflective of current industry practices. Ultimately, the Commission approved the redrafted award, confident that it would serve the interests of fairness and clarity in the restaurant industry.

As a result of the review, the Fair Work Commission issued the redrafted version of the Restaurant Industry Award 2010, effective from the date specified in the decision. This new version aims to enhance understanding and compliance with the award by using clearer and more straightforward language. The final orders confirm the adoption of the redrafted award, which will now serve as the legally binding document governing employment conditions in the restaurant industry.