4 yearly review of modern awards – Plain language re-drafting – Standard clauses

[2018] FWCFB 3258

[2018] FWCFB 3258

FAIR WORK COMMISSION

STATEMENT

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 and AM2014/227)

JUSTICE ROSS, PRESIDENT

VICE PRESIDENT HATCHER

COMMISSIONER HUNT

MELBOURNE, 13 JUNE 2018

4 yearly review of modern awards – plain language re-drafting – standard clauses – Fitness Industry Award 2010.

1. Section 156(2)(a) of the Fair Work Act 2009 (Cth) (the Act) requires the Commission to review all modern awards every four years (the Review). This Full Bench was constituted to oversee a number of plain language projects as part of the Review including re-drafting modern award clauses which have been identified as ‘standard clauses’.[1]

1. Decisions were issued on 28 August 2017[2] and 18 October 2017[3] (the October 2017 decision). On 13 June 2018 we issued further a Decision[4]  which primarily concerned standard clause E, Termination of employment.

1. This Statement sets out the next steps in respect of Standard clause G, Transfer to lower paid job on redundancy.

1. The terms of clause G were finalised in the October 2017 decision. The October 2017 decision did not address the title of clause G. During a series of conferences held before Commissioner Hunt discussion took place regarding the use of the word ‘job’ in the clause title rather than ‘duties’. As a result of discussion in the January conference[5] the word ‘job’ was changed to ‘duties’ in clause G.1 to reflect the wording of the equivalent provision in current modern awards. We have formed the provisional view that the clause title should reflect the terminology used in the body of the clause and we have decided to update the clause title of clause G as follows:

‘G—Transfer to lower paid job duties on redundancy’

1. Interested parties are invited to make final submissions on the provisional view relating to the title of Clause G.

Next steps

1. Interested parties are to file submissions in relation to the item identified at paragraph [5] of this Statement by 4pm, Monday 25 June 2018.

2. All submissions are to be sent to [email protected].

3. In the absence of a request for an oral hearing, the matter will be determined on the papers. Requests for an oral hearing are to be directed to [email protected] by no later than 4pm Monday 25 June 2018.

4. Liberty to apply.

PRESIDENT

[1] [2016] FWCFB 4756.

[2] [2017] FWCFB 4419.

[3] [2017] FWCFB 5258 at [258].

[4] [2018] FWCFB 3009.

[5] Transcript of 23 January 2017.

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