4 yearly review of modern awards—Plain language-Standard clauses

In the Fair Work Commission, the Australian Education Union, the National Tertiary Education Union, and the Tertiary Education Union of Australia challenged the Fair Work Commission's exposure draft update 2, which was part of the 4 yearly review of modern awards. The unions argued that the draft update was not in plain language and that the Commission had not adhered to its own plain language guidelines, which were designed to ensure that awards are easily understandable. The unions sought an order to have the draft update withdrawn and for the Commission to comply with its own plain language guidelines.

The Fair Work Commission had to determine whether the draft update complied with the plain language guidelines and whether the Commission had breached its own guidelines. The Commission also had to consider whether the unions had standing to bring the proceedings and whether the unions had demonstrated that there was a real and substantial issue to be determined.

The Fair Work Commission found that the draft update did not comply with the plain language guidelines and that the Commission had breached its own guidelines. The Commission also found that the unions had standing to bring the proceedings and that they had demonstrated a real and substantial issue to be determined. The Commission ordered the draft update to be withdrawn and for the Commission to comply with its own plain language guidelines in future updates.

The Fair Work Commission ordered the draft update to be withdrawn and for the Commission to comply with its own plain language guidelines in future updates. The Commission also ordered the unions to pay the costs of the proceedings.