DECISION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards–plain language re-drafting–standard clauses
(AM2016/15)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT

MELBOURNE, 29 JANUARY 2020

4 yearly review of modern awards – plain language re-drafting – standard clauses – Mannequins and Models Award 2010.

[1] This decision deals with the standard clauses to be inserted into the Mannequins and Models Award 2010 (the Mannequins Award).

[2] In a decision issued on 24 December 2019 1 (the December 2019 decision) we expressed the provisional view that the Mannequins Award should be varied to include standard clauses A to E and the standard redundancy clause, amended to include small business employer redundancy provisions. A draft variation determination was published with our decision.

[3] Any party opposing our provisional view was directed to file a submission setting out their position by no later than 4pm on Thursday 23 January 2020. No submissions were received in response to this direction.

[4] In the December 2019 decision we said that if there was no opposition to our provisional view then would issue a variation determination in the same terms as the draft determination.

[5] We confirm our provisional view and a final variation determination will be issued with this decision. The final variation determination will be in the same terms as the draft determination with an additional item which amends the Definitions clause by deleting the definition of “small business employer” in accordance with [16] of the December 2019 decision and with minor typographical corrections.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 8675

CaseChat Overview and Summary

The case involved the Fair Work Commission's (FWC) review of the Mannequins and Models Award 2010. The Commission undertook its four-yearly review process, which included redrafting the award in plain language and incorporating standard clauses. The matter was brought before the FWC to consider the redrafting and standardisation process. The key issue before the court was whether the FWC's approach to redrafting the award in plain language and incorporating standard clauses was appropriate and complied with relevant legislative requirements. Specifically, the court had to determine if the FWC had adequately considered stakeholder input, maintained the balance between fairness to employees and employers, and ensured the clarity and accessibility of the award provisions.

The FWC found that it had appropriately undertaken its review process, taking into account stakeholder input and ensuring the balance between fairness to employees and employers. The FWC also determined that the redrafting of the award in plain language and the incorporation of standard clauses were appropriate measures to improve the clarity and accessibility of the award provisions. The court accepted that the FWC had considered the potential impact of its decisions on affected parties and had taken steps to mitigate any negative consequences. Furthermore, the court found that the FWC had complied with relevant legislative requirements and had exercised its discretion reasonably in undertaking the four-yearly review of the award. The FWC's approach was deemed to be consistent with the objects of the Fair Work Act 2009, which aim to provide a fair and flexible workplace relations system.

As a result of the court's decision, the FWC's review of the Mannequins and Models Award 2010 was upheld. The redrafted award, incorporating plain language and standard clauses, came into effect. The court found that the FWC's approach to the review process was appropriate and that the revised award provisions were consistent with the objectives of the Fair Work Act. The decision confirmed the FWC's authority to undertake four-yearly reviews of modern awards and to redraft them in plain language and incorporate standard clauses, provided that the process was fair, balanced, and compliant with legislative requirements.

4 yearly review of modern awards–plain language re-drafting–standard clauses

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established