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

In the Fair Work Commission, the Department of Employment initiated a review of the modern awards, focusing on the plain language re-drafting of standard clauses. The review aimed to ensure clarity and accessibility in the language used in the awards. The Commission was tasked with assessing whether the proposed changes improved the readability and understanding of the awards for the intended audience. The nature of the dispute involved the Department of Employment's proposed amendments to various clauses within the modern awards to enhance their plain language standards.

The legal issues before the Commission included the necessity and appropriateness of the proposed changes, the extent to which the amendments aligned with the objectives of plain language drafting, and whether the changes would effectively serve the interests of the employees and employers covered by the awards. The Commission had to determine if the re-drafting maintained the integrity and enforceability of the awards while making them more comprehensible.

The Commission found that the proposed changes were generally consistent with the principles of plain language, enhancing readability and accessibility. The amendments were deemed necessary to ensure that the awards were clear and easily understood by the workforce. The Commission concluded that the re-drafting achieved its intended purpose without compromising the enforceability or fairness of the awards. As a result, the Commission approved the proposed amendments to the standard clauses.

The final orders included the approval of the revised standard clauses in the modern awards, effective from the date specified in the decision. The Department of Employment was directed to implement these changes in accordance with the Commission's determination.