4 yearly review of modern awards—Plain Language—Standard Clauses

In the Fair Work Commission, the applicant, an employer association, sought review of the Modern Award covering plain language and standard clauses, specifically focusing on redundancy clauses. The applicant argued that the clauses were overly complex and not in line with the goal of simplifying awards. The dispute centred on whether the current redundancy provisions within the award were consistent with the principles of plain language and whether they could be streamlined without compromising the rights of employees.

The primary legal issues were whether the redundancy clauses within the Modern Award adhered to the principle of plain language and whether they could be revised to achieve greater simplicity and clarity. The court had to determine if the current wording of the clauses was necessary for protecting employee rights or if it could be redrafted to meet the award's objectives without affecting substantive rights.

The Commission found that while the principles of plain language were essential, the redundancy clauses could not be simplified without risking the protection of employee rights. The Commission held that the existing clauses were necessary to ensure clarity in the application of redundancy provisions and that any attempt to simplify them would need to be carefully considered to avoid any unintended consequences. Consequently, the application was dismissed, and the redundancy clauses were upheld in their current form.