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

Case

[2017] FWC 5867

9 NOVEMBER 2017


Details
AGLC Case Decision Date
4 yearly review of modern awards – Plain language re-drafting – Security Services Industry Award 2010 [2017] FWC 5867 [2017] FWC 5867 9 NOVEMBER 2017

CaseChat Overview and Summary

The case involved the Fair Work Commission's 4-yearly review of the Security Services Industry Award 2010. The review aimed to ensure that the award language was in plain English, making it easier for workers and employers to understand. The Commission faced various submissions from stakeholders, including industry bodies, unions, and employers, concerning the clarity and effectiveness of the award's language.

The primary legal issue before the Commission was whether the existing language of the Security Services Industry Award 2010 met the statutory requirements for plain language re-drafting. This involved assessing if the award was accessible and comprehensible to the average worker and employer within the industry. The Commission also had to balance the need for clarity with maintaining the award's legal precision and integrity.

In its decision, the Fair Work Commission found that while the Security Services Industry Award 2010 generally adhered to plain language principles, there were areas where the language could be improved for better clarity and accessibility. The Commission made several amendments to the award, primarily by simplifying complex terms and restructuring sentences to enhance readability. The Commission concluded that these changes would facilitate better understanding and compliance with the award without compromising its legal purpose.
Details

Areas of Law

  • Labour Law

Legal Concepts

  • Jurisdiction

  • Statutory Interpretation

  • Implied Terms