4 yearly review of modern awards – Plain language – standard clauses

In the recent decision of the Fair Work Commission (FWC) in the 4 yearly review of modern awards – plain language – standard clauses, the Fair Work Commission reviewed the modern awards to ensure they are written in plain language, as mandated by section 129 of the Fair Work Act 2009. The review sought to ensure that the awards are accessible and understandable to the workforce, particularly to those who may not have a legal background. The review was conducted by the FWC, a body established under the Fair Work Act to regulate the national workplace relations system.

The legal issues the FWC had to address included determining whether the modern awards complied with the plain language requirements set out in the Act and whether the standard clauses incorporated into the awards were appropriately drafted to ensure clarity and accessibility. The FWC had to consider whether the changes proposed by various stakeholders, including unions and employer groups, would enhance the readability and understandability of the awards without compromising their legal integrity.

In its reasoning, the FWC emphasised the importance of plain language in enhancing the accessibility of workplace laws. The FWC considered submissions from various stakeholders and conducted extensive analysis of the modern awards. The FWC determined that while some improvements could be made, the overall structure and clarity of the modern awards were adequate. The FWC made several amendments to enhance the plain language aspects of the awards and ensure that the standard clauses were appropriately drafted. The FWC concluded that the modern awards, with the amendments, met the plain language requirements of the Act.

The FWC issued orders approving the modern awards with the amendments made to improve their plain language aspects. The FWC also directed that the amended awards be published and brought into effect on a specified date. The decision underscores the FWC's commitment to ensuring that workplace laws are accessible and understandable to all employees.