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

Case

[2018] FWCFB 6439

24 OCTOBER 2018


Details
AGLC Case Decision Date
4 yearly review of modern awards—Plain Language—Standard Clauses [2018] FWCFB 6439 [2018] FWCFB 6439 24 OCTOBER 2018

CaseChat Overview and Summary

In the case of 4 yearly review of modern awards, the Fair Work Commission was tasked with reviewing the plain language and standard clauses of various modern awards. The review was conducted to ensure that the awards are clear, concise, and easily understood by all employees. The Fair Work Commission considered submissions from various stakeholders, including unions, employers, and the government. The legal issues before the Commission included whether certain clauses were written in plain language and whether the standard clauses were appropriate for inclusion in modern awards. The Commission found that some clauses were not written in plain language and that certain standard clauses were not suitable for inclusion in modern awards. The Commission made recommendations to improve the plain language and standard clauses in modern awards, including the removal of certain clauses and the revision of others.

The Fair Work Commission's approach to reviewing the plain language and standard clauses of modern awards was thorough and considered. The Commission analysed each clause individually, taking into account submissions from stakeholders and relevant legal principles. The Commission found that some clauses were not written in plain language, which made them difficult to understand for employees. The Commission also found that certain standard clauses were not suitable for inclusion in modern awards, as they did not reflect the specific needs of particular industries or occupations. The Commission made recommendations to improve the plain language and standard clauses in modern awards, including the removal of certain clauses and the revision of others. The Commission also recommended that the government provide training to employers and employees on the plain language and standard clauses in modern awards.
Details

Areas of Law

  • Labour Law

  • Employment & Labour Law

Legal Concepts

  • Plain Language

  • Standard Clauses

  • Contract Formation