Plain language re-drafting

A Full Bench of the Commission is dealing with plain language re-drafting of award-specific clauses and other matters that affect most or multiple modern awards.

In a Statement [2015] FWC 6555 issued on 22 September 2015 a pilot was established to create a plain language exposure draft based on the Pharmacy Industry Award 2010 (the Pharmacy Award). The aim of the pilot was to create an award that was simpler and easier to understand than the current Pharmacy Award.

The Commission engaged a plain language expert to redraft the Pharmacy Award using plain language principles without altering the legal effect. The plain language exposure draft was then subject to testing by employees and employers covered by the Pharmacy Award.

A Report from Plain Language modern awards pilot on the Pilot was published in April 2016.

The results of the Pilot were considered by the Commission when selecting other awards for plain language re-drafting.

Plain language guidelines have been prepared to assist in re-drafting modern awards.

The Guidelines were developed during the Pilot and refined through consultation with interested parties. The Guidelines include plain language drafting principles and practical insights into the needs of employers and employees generated from the user-testing and consultation.

The Guidelines were finalised in Full Bench decisions [2017] FWCFB 344 of 20 January 2017 and [2017] FWCFB 1612 of 21 March 2017.

Some modern awards have been referred to the plain language re-drafting Full Bench for comprehensive review.

Awards currently under review include:

• Fast Food Industry Award
• Hair and Beauty Industry Award

Documents for completed reviews can be browsed using the Document filter on the list below.  Completed reviews include:

• Cleaning Services Award 2010 (AM2016/15)
• Clerks (Private Sector Award 2010 (AM2016/15)
• General Retail Industry Award 2010 (AM2016/15)
• Hospitality Industry (General) Award 2010 (AM2016/15)
• Pharmacy Industry Award 2010 (AM2016/15)
• Restaurant Industry Award 2010 (AM2016/15)
• Security Services Industry Award 2010 (AM2016/15)

Other matters that relate to most or multiple awards have also been referred to the plain language re-drafting Full Bench. These include:

• standard clauses (clauses arising from previous test cases which are the same in most awards)
• references to loadings or penalties
• reasonable overtime
• annual leave shutdown
• National Training Wage.

This table is sorted with the most recently uploaded document appearing first. To sort in a different order, click on the heading of the appropriate column.

Documents for different award reviews can be browsed using the Document filter on the list below.