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

In the case of the Fair Work Commission, the Commonwealth of Australia sought to review the modern award governing the security services industry. The Commission was asked to re-draft the Security Services Industry Award 2010 in plain language, ensuring it was accessible to all workers in the industry. The dispute centred around the need to clarify the terms and conditions of employment for security officers, aiming to provide a more straightforward and understandable version of the award.

The primary legal issue before the Commission was whether the proposed re-drafting of the award was consistent with the objectives of simplifying the language while retaining the substantive legal protections for employees. The Commission had to balance the need for clarity and accessibility with the necessity of maintaining the integrity of the original award's provisions. Additionally, the Commission considered whether the re-drafting process adhered to the statutory requirements and principles of fairness.

The Fair Work Commission determined that the re-drafted version of the Security Services Industry Award 2010 met the necessary criteria for clarity and accessibility. The Commission found that the plain language version effectively communicated the key terms and conditions of employment without altering the substantive legal protections for employees. The Commission also confirmed that the re-drafting process was conducted in accordance with the relevant statutory provisions and principles of natural justice.

As a result, the Fair Work Commission approved the re-drafted Security Services Industry Award 2010, which is now in effect. This decision ensures that security officers have access to a clearer and more understandable version of their award, thereby enhancing their ability to understand and exercise their rights under the award.