| [2022] FWCFB 177 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
Plain language redrafting of modern awards
(AM2016/15)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 16 SEPTEMBER 2022 |
Plain language at the Commission – Finalisation of the plain language project.
[1] This Statement sets out the process for the remaining plain language matters in the 4 yearly review of modern awards (the Review).
[2] On 22 September 2015, the Commission issued a Statement 1 establishing a pilot to produce a plain language draft of the Pharmacy Industry Award 2010 (Pharmacy Award). The purpose of the pilot was to create a plain language exposure draft (PLED) which was simpler and easier for employees and employers to understand.
[3] Following the publication of the Pharmacy Award PLED, the Commission conducted user testing. A Report setting out the results of the testing was published in April 2016. This Report, together with the Plain Language Guidelines, has informed the Commission’s approach to redrafting modern awards in plain language.
[4] Simplifying the language and structure of modern awards has been a focus of the Review. At the start of the Review, the Commission engaged with small businesses and interested parties to make awards simpler and easier to understand and apply. 2 The objective has been to produce redrafted modern awards that can be read by an employer or employee without needing a history lesson or paid advocate to interpret how the award applies in the workplace.3
[5] Insights gained from our engagement with small businesses about matters such as the format, structure, language and usability 4 of awards has led to the restructure of 118 of the 121 modern awards being reviewed. The process for finalising the remaining 3 awards is set out later in this statement. The new modern awards structure follows a more logical path from the time of engagement through to termination of employment and redundancy. In addition to restructuring each modern award, the following changes have been made to improve accessibility across the award system5:
1. Standard clauses have been redrafted in plain language. 6
2. A schedule of hourly rates has been included to provide a calculated wage rate rather than a percentage of the hourly rate and avoid the need for employers and employees to make calculations.
3. A new model provision about how and when employees must be paid outstanding wages and other amounts due when employment ends has been included.
4. The facilitative provision permitting the alterations of the ‘span of hours’ by up to one hour at either end of the spread (the Alteration clause) has been redrafted in a number of awards to remove ambiguity. 7
5. The National Training Wage Schedule has been standardised and removed from most modern awards except for the Miscellaneous Award 2010 (now the Miscellaneous Award 2020). The Schedule has been incorporated into other awards by reference to the Miscellaneous Award 2020, where appropriate.
6. Award terms that were inconsistent with the National Employment Standard have been removed.
7. All outdated transitional provisions have been removed.
[6] Further details about changes to modern awards flowing from the plain language ‘light touch’ process are set out in the Full Bench Decision of 20 August 2019 8.
[7] The Review process has extended the length of some modern awards, as complex clauses are ‘unpacked’ into subclauses and expressed in plain language. The insertion of schedules of hourly rates and examples have also added to the length of some modern awards, while ensuring that information about minimum entitlements is provided in a simple and accessible form.
[8] Following the plain language pilot, the Commission commenced a process to identify other modern awards suitable to be redrafted in plain language. In a Statement issued 6 May 2016 9, the Commission identified the Clerks —Private Sector Award 2010, General Retail Industry Award 2010, Hospitality Industry (General) Award 2010 and the Restaurant Industry Award 2010 as awards selected for the first tranche of plain language re-drafting.
[9] These awards were selected based on an assessment of the level of award-reliance amongst employers and employees. The Commission noted that, at that time, ‘Retail trade’ and ‘Accommodation and food services’ were the 2 industries with the most employees who received award rates, between them accounting for a third of all award-reliant employees. 10 In addition, a large number of award reliant employees were also found in the ‘Administrative and support services industry’.
[10] In selecting these awards, the Commission also took into account award-reliance among small businesses (those with fewer than 20 employees), on the basis that these organisations are less likely to have a dedicated internal human resources function to assist with the interpretation of awards.
[11] All 4 of these awards have undergone plain language redrafting in consultation with interested parties and have been varied and renamed as follows:
• Clerks – Private Sector Award 2020 came into operation on 29 May 2020 11
• General Retail Industry Award 2020 came into operation on 1 October 2020 12
• Hospitality Industry (General) Award 2020 v came into operation on 29 May 2020 13
• Restaurant Industry Award 2020 came into operation on 29 May 2020. 14
[12] In a Statement issued 27 March 2017 15, the Commission identified a further 10 awards for plain language redrafting. In selecting these modern awards, the Commission took into account the following factors:
• industries or subsectors identified by the Fair Work Ombudsman as having high levels of non-compliance;
• award reliance survey data regarding modern awards used by small businesses; and
• the resources available to the Commission.
[13] The 10 awards selected for the second tranche of plain language redrafting were:
• Aged Care Award 2010;
• Building and Construction General On-site Award 2010;
• Children’s Services Award 2010;
• Cleaning Services Award 2010;
• Fast Food Industry Award 2010;
• Hair and Beauty Industry Award 2010;
• Manufacturing and Associated Industries and Occupations Award 2010;
• Security Services Industry Award 2010;
• Social, Community, Home Care and Disability Services Industry Award 2010; and
• Vehicle Manufacturing, Repair, Services and Retail Award 2010.
[14] Four of the second tranche awards have been redrafted in plain language in consultation with interested parties and have been varied and renamed as follows:
• Cleaning Services Award 2020 came into operation on 4 May 2020 16
• Fast Food Industry Award 2020 came into operation on 28 July 2022 17
• Security Services Industry Award 2020 came into operation on 18 June 2020 18
• Hair and Beauty Industry Award 2020 came into operation on 9 August 2022. 19
[15] In a Statement issued on 28 October 2020 20 (October 2020 Statement), we confirmed that the plain language redrafting of the Social, Community, Home Care and Disability Services Industry Award 2010 (SCHADS Award) and the Children’s Services Award 2010 (Children’s Award) would commence once the substantive claims raised during the Review in each of these awards had been finalised. We also said that the plain language redrafting of the Aged Care Award 2010 (Aged Care Award) would also commence at this time.
Children’s Services Award
[16] The substantive claims in the Children’s Award have recently been finalised. Following a number of decisions by the Full Bench in AM2018/18 21, a determination varying the Children’s Award was issued on 28 October 2020, and came into operation on 1 November 202022. A further variation determination was issued on 24 November 2021, and came into operation on 1 January 202223. One final issue involving the Educational Leaders allowance has now been determined24 and the variation will come into operation on 1 November 2022.25
[17] A plain language exposure draft of the Children’s Services Award will shortly be issued. The Commission proposes to undertake a plain language ‘light touch’ process involving restructuring the award so that is consistent with other awards varied during the Review. Interested parties will have the opportunity to comment on the exposure draft.
SCHADS Award and Aged Care Award
[18] The substantive claims in respect of the SCHADS Award during the Review were dealt with in 2 tranches. The substantive claims in Tranche 1 have been finalised and the variation determination came into operation on 1 July 2020. 26 The substantive claims in Tranche 2 were dealt with in decisions of 4 May 202127, 25 August 202128 and 18 October 202129. A final variation determination was issued on 31 January 202230, with variations coming into operation on 1 February 2022 and 1 July 2022.
[19] The substantive claims in respect of the Aged Care Award were determined in decisions issued on 26 August 2019 31 and 18 October 2019.32 A variation determination was issued on 18 October 201933, with variations coming into operation on 25 October 2019 and 1 July 2020.
[20] In November 2020 and May 2021, the Commission received applications to vary clause 14.1 Minimum wages—Aged Care Employee and Schedule B—Classification Definitions in the Aged Care Award.34 In June 2021 the Commission received an application to vary the minimum wage rates in the SCHADS Award.35 The Commission is dealing with these applications together as part of the Work value case – Aged care industry. We do not propose to undertake a plain language review of the Aged Care Award and the SCHADS Award until the applications in the Work value case – Aged care industry are determined.
Vehicle Award, Manufacturing Award and Building Award
[21] In the October 2020 Statement, interested parties were asked to comment on whether the plain language redrafting of the Vehicle Repair, Services and Retail Award 2010 (Vehicle 2010 Award), the Manufacturing and Associated Industries and Occupations Award 2010 (Manufacturing 2010 Award) and the Building and Construction General On-site Award 2010 (Building 2010 Award) should commence in 2020. Submissions were received from:
• the Housing Industry Association, in respect of the Building 2010 Award 36
• the Australian Industry Group (Ai Group) (on behalf of itself and several employee organisations), in respect of the Vehicle 2010 Award, Manufacturing 2010 Award and Building 2010 Award 37
• the Victorian Automobile Chamber of Commerce (VACC) (on behalf of the Motor Trades Organisations), in respect of the Vehicle 2010 Award 38
• Master Builders Australia, in respect of the Building 2010 Award 39
• Australian Business Industrial (ABI) and Business NSW, in respect of the Vehicle 2010 Award, Manufacturing 2010 Award and Building 2010 Award 40
[22] To the extent to which the submissions addressed the respective awards, all parties indicated they did not support commencing the plain language redrafting of the awards in 2020, citing substantial recent variations to those awards and/or caseload concerns. Ai Group requested that any plain language redrafting for these awards not commence before the second half of 2021. Ai Group’s submission was supported by ABI and Business NSW.
[23] Each of the abovementioned awards has been restructured as part of the plain language ‘light touch’ process and each has been renamed and varied as part of the Review. They are now the Vehicle Repair, Services and Retail Award 2020 (Vehicle Award), the Manufacturing and Associated Industries and Occupations Award 2020 (Manufacturing Award) and the Building and Construction General On-site Award 2020 (Building Award). We do not propose to re-draft these awards further.
[24] During the Review process, a number of contested or drafting matters were referred to the plain language Full Bench for determination. The one outstanding referred matter relates to shutdown provisions contained in modern awards.
Shutdown provisions
[25] During the annual leave common issue proceedings, an issue arose in relation to the Black Coal Mining Award 2010 (the Black Coal Award) regarding annual leave shutdown. In a Statement41 issued in November 2017, a number of modern awards containing shutdown provisions were referred to the plain language Full Bench for determination.
[26] A further Statement was issued on 28 February 2019 (the February 2019 Statement). 42 In the February 2019 Statement we asked interested parties to make submissions on various matters, including whether the modern awards that currently contain shutdown provisions should be varied to include a model term. We said that these matters would be decided on the papers unless any party requested a formal hearing. No such requests were received.
[27] Submissions were received from interested parties and a decision issued on 25 August 2022. 43 Draft determinations varying 78 awards consistent with the provisional views set out in the decision will be published in due course. Interested parties will be provided with a period of 21 days from the date the draft determinations are published to lodge any further submissions.
[28] The Commission engaged Wallis Market and Social Research (Wallis) to provide insights about the outcome and impacts of the Commission’s plain language initiatives, as well as exploring opportunities to improve the usability of awards that are intended to be redrafted. Wallis conducted in-depth interviews and focus groups with employees and employers covered by awards that have been re-drafted or are intended to be re-drafted. Fieldwork was conducted from 14th December 2020 to 17th of February 2021, with a total of n=29 in-depth interviews and n=5 focus groups being completed. Participants came from a range of industries.
[29] The key findings from the Wallis Report are set out below:
• Participants appreciated the simplified, less legalistic, language.
• The revised structure of the awards, although not always spontaneously noticed, was generally considered to be more logical and easier to navigate.
• Tables were universally appreciated for their clarity and easiness to locate as well as share.
• Examples were generally positively received for their explanatory utility. Recommendations are made on how they should be displayed in order not to harm document flow or add too much to document length.
• Notes require careful optimisation if they are to add clarity without adding further confusion.
• Most participants welcome the use of technology to enhance the user experience.
• Expanding text and hover text were both well received as concepts.
• The use of cross referencing and hyperlinks needs to be used judiciously, otherwise they can make the document more difficult to read.
[30] A number of these key findings relate to the use of technology which was not a focus of the plain language project. However, since the Wallis Report was received, a new Commission website was launched in early 2022 which aims to address many of the challenges users faced when accessing our services online. The Commission will continue to explore opportunities to use technology to make modern awards more accessible for award users.
[31] A statement drawing the Review to a conclusion will be issued in the coming weeks. In these circumstances, it is also appropriate to also draw the Plain Language project to a close, subject to the small number of matters set out in this statement.
[32] A decision issued on 20 August 2019 44 invited any interested party to identify any term in any modern award that is ambiguous, uncertain or confusing so that the term could be considered for plain language re-drafting. This invitation was repeated in a decision published on 2 September 2019.45 We make a final call for any interested party to identify a particular modern award or a particular term of a modern award that may benefit from plain language re-drafting for our consideration. Any party wishing to identify such an award or award term should write to amod@fwc.gov.au by 4pm on Friday 23 September 2022.
[33] In the absence of any award terms or awards being identified for further plain language re-drafting, the Plain Language project element of the Review will conclude with the finalisation of the outstanding matters set out in this statement.
[34] Finally, we recognise that re-writing awards in plain language is an ongoing exercise. Although we do not propose to extend the Plain Language project at this time, we note that it is open to any party to make an application to vary an award to address any ambiguity or uncertainty using the remaining legislative framework.
[35] A full list of decisions and statements issued during the plain language proceedings can be found at Attachment A to this Statement.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR745924>
Attachment A:
Full list of decisions and statements issued during the plain language proceedings.
Citation |
Description |
Members |
|
4 yearly review – plain language redrafting – shutdown provisions |
Vice President Hatcher |
25 August 2022 | |
4 yearly review – plain language redrafting – Hair and Beauty Industry Award 2010 |
Justice Ross, President |
2 August 2022 | |
4 yearly review – plain language redrafting – national training wage – Building and Construction General On-Site Award 2020 |
Vice President Hatcher |
13 July 2022 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 |
Vice President Hatcher |
11 July 2022 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 |
Vice President Hatcher |
11 July 2022 | |
4 yearly review – plain language redrafting – Hair and Beauty Industry Award 2010 |
Justice Ross, President |
4 July 2022 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 |
Vice President Hatcher |
8 June 2022 | |
4 yearly review – plain language redrafting – national training wage – Building and Construction General On-Site Award 2020 |
Justice Ross, President |
3 June 2022 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 |
Vice President Hatcher |
18 May 2022 | |
4 yearly review – plain language redrafting – standard clauses – Manufacturing and Associated Industries and Occupations Award 2020 – Timber Industry Award 2020 |
Vice President Hatcher |
22 April 2022 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 |
Justice Ross, President |
1 April 2022 | |
4 yearly review – plain language redrafting – standard clauses – Manufacturing and Associated Industries and Occupations Award 2020 – Timber Industry Award 2020 |
Justice Ross, President |
18 March 2022 | |
4 yearly review – plain language redrafting – facilitative provisions altering spread of hours |
Justice Ross, President |
16 June 2021 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 and Hair and Beauty Industry Award 2010 |
Justice Ross, President |
18 February 2021 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 and Hair and Beauty Industry Award 2010 |
Justice Ross, President |
21 January 2021 | |
4 yearly review – plain language redrafting – Fast Food Industry Award 2010 and Hair and Beauty Industry Award 2010 |
Justice Ross, President |
28 October 2020 | |
4 yearly review – plain language redrafting – national training wage – Joinery and Building Trades Award 2010 and Mobile Crane Hiring Award 2010 |
Justice Ross, President |
10 September 2020 | |
4 yearly review – plain language redrafting – national training wage – Joinery and Building Trades Award 2010 and Mobile Crane Hiring Award 2010 |
Justice Ross, President |
25 August 2020 | |
4 yearly review – plain language redrafting – national training wage – Joinery and Building Trades Award 2010 and Mobile Crane Hiring Award 2010 |
Justice Ross, President |
14 July 2020 | |
4 yearly review – plain language redrafting – standard clauses – Sugar Industry Award 2010 |
Justice Ross, President |
21 May 2020 | |
4 yearly review – plain language redrafting – national training wage – Joinery and Building Trades Award 2010 and Mobile Crane Hiring Award 2010 |
Justice Ross, President |
21 May 2020 | |
4 yearly review – plain language redrafting – standard clauses – Sugar Industry Award 2010 |
Justice Ross, President |
4 March 2020 | |
4 yearly review – award stage – finalisation of exposure drafts – tranche 1 – Pharmacy Industry Award 2010 |
Justice Ross, President |
26 February 2020 | |
4 yearly review – award stage – finalisation of exposure drafts – tranche 2 – Restaurant Industry Award 2010 and Hospitality Industry (General) Award 2010 |
Justice Ross, President |
14 February 2020 | |
4 yearly review – award stage – finalisation of exposure drafts and variation determinations – tranche 2 awards |
Justice Ross, President |
14 February 2020 | |
4 yearly review – award stage – finalisation of exposure drafts – tranche 3 awards |
Justice Ross, President |
29 January 2020 | |
4 yearly review – plain language redrafting – standard clauses – Mannequins and Models Award 2010 |
Justice Ross, President |
29 January 2020 | |
4 yearly review – plain language redrafting – standard clauses – Sugar Industry Award 2010 |
Justice Ross, President |
29 January 2020 | |
4 yearly review – plain language redrafting – standard clauses – Mannequins and Models Award 2010 |
Justice Ross, President |
24 December 2019 | |
4 yearly review – plain language redrafting – annual leave loading terms – ambiguity |
Justice Ross, President |
20 December 2019 | |
4 yearly review – plain language redrafting – Clerks—Private Sector Award 2010 |
Justice Ross, President |
20 December 2019 | |
4 yearly review – plain language redrafting – national training wage – Joinery and Building Trades Award 2010 and Mobile Crane Hiring Award 2010 |
Justice Ross, President |
19 December 2019 | |
4 yearly review – plain language redrafting – national training wage – Joinery and Building Trades Award 2010 and Mobile Crane Hiring Award 2010 |
Justice Ross, President |
16 December 2019 | |
4 yearly review – plain language redrafting – annual leave loading terms – ambiguity |
Justice Ross, President |
13 December2019 | |
4 yearly review – award stage – finalisation of exposure drafts – tranche 2 awards |
Justice Ross, President |
11 December 2019 | |
4 yearly review – award stage – finalisation of exposure drafts and variation determinations – tranche 1 awards |
Justice Ross, President |
25 November 2019 | |
4 yearly review – award stage – finalisation of exposure drafts and variation determinations – tranche 1 awards |
Justice Ross, President |
24 October 2019 | |
4 yearly review – plain language redrafting – casual conversion |
Justice Ross, President |
17 October 2019 | |
4 yearly review – plain language redrafting – national training wage – Food, Beverage and Tobacco Manufacturing Award 2010 and Manufacturing and Associated Industries and Occupations Award 2010 |
Justice Ross, President |
16 October 2019 | |
4 yearly review – award stage – finalisation of exposure drafts – resolution of issue |
Justice Ross, President |
14 October 2019 | |
4 yearly review – award stage – finalisation of exposure drafts – tranche 2 awards |
Justice Ross, President |
14 October 2019 | |
4 yearly review – award stage – finalisation of exposure drafts – tranche 1 awards |
Justice Ross, President |
10 October 2019 | |
4 yearly review – plain language redrafting – standard clauses – award-specific matters |
Justice Ross, President |
9 October 2019 | |
4 yearly review – award stage – finalisation of exposure drafts |
Justice Ross, President |
8 October 2019 | |
4 yearly review – plain language redrafting – reasonable overtime and national training wage |
Justice Ross, President |
25 September 2019 | |
4 yearly review – plain language redrafting – standard clauses – award-specific matters |
Justice Ross, President |
25 September 2019 | |
4 yearly review – finalisation of exposure drafts – new constituted Full Bench |
Justice Ross, President |
2 September 2019 | |
4 yearly review – plain language redrafting – facilitative provisions altering spread of hours |
Justice Ross, President |
2 September 2019 | |
4 yearly review – plain language redrafting – Clerks—Private Sector Award 2010 |
Justice Ross, President |
30 August 2019 | |
4 yearly review – plain language redrafting – national training wage – Airline Operations Ground Staff Award 2010 |
Justice Ross, President |
28 August 2019 | |
4 yearly review – plain language redrafting – determination of various issues |
Justice Ross, President |
20 August 2019 | |
4 yearly review – plain language redrafting – Fitness Industry Award 2010 |
Justice Ross, President |
7 August 2019 | |
4 yearly review – plain language redrafting – substitution of public holidays – alleged NES inconsistency |
Justice Ross, President |
25 July 2019 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
3 June 2019 | |
4 yearly review – plain language redrafting – plain language light touch – process |
Justice Ross, President |
17 May 2019 | |
4 yearly review – plain language redrafting – current matters |
Justice Ross, President |
10 May 2019 | |
4 yearly review – plain language redrafting – plain language light touch – update |
Justice Ross, President |
2 May 2019 | |
4 yearly review – plain language redrafting – plain language light touch |
Justice Ross, President |
18 April 2019 | |
4 yearly review – plain language redrafting – standard clauses –redundancy clauses |
Justice Ross, President |
16 April 2019 | |
4 yearly review – plain language redrafting – standard absorption clause and take home pay orders |
Justice Ross, President |
28 February 2019 | |
4 yearly review – award stage –publication of exposure drafts – substantive claims – plain language project status |
Justice Ross, President |
28 Febuary 2019 | |
4 yearly review – plain language redrafting – status update |
Justice Ross, President |
28 February 2019 | |
4 yearly review – plain language redrafting – Pharmacy Industry Award 2010 |
Justice Ross, President |
28 February 2019 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
28 February 2019 | |
4 yearly review – plain language redrafting – Fitness Industry Award 2010 |
Justice Ross, President |
28 February 2019 | |
4 yearly review – award stage – finalisation of exposure drafts |
Justice Ross, President |
13 February 2019 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
18 January 2019 | |
4 yearly review – award stage – Hair and Beauty Industry Award 2010 |
Vice President Catanzariti |
28 December 2018 | |
4 yearly review – plain language redrafting – standard clauses –redundancy clauses |
Justice Ross, President |
11 December 2018 | |
4 yearly review – plain language redrafting – Pharmacy Industry Award 2010 |
Justice Ross, President |
5 December 2018 | |
4 yearly review – plain language redrafting – reasonable overtime |
Justice Ross, President |
16 November 2018 | |
4 yearly review – plain language re-drafting – Clerks—Private Sector Award 2010 |
Justice Ross, President |
15 November 2018 | |
4 yearly review – plain language redrafting – facilitative provisions altering spread of hours |
Justice Ross, President |
13 November 2018 | |
4 yearly review – plain language re-drafting – General Retail Industry Award 2010 |
Justice Ross, President |
8 November 2018 | |
4 yearly review – plain language re-drafting – Pharmacy Industry Award 2010 |
Justice Ross, President |
8 November 2018 | |
4 yearly review – plain language re-drafting – Cleaning Services Award 2010 |
Justice Ross, President |
8 November 2018 | |
4 yearly review – plain language re-drafting – Security Services Industry Award 2010 |
Justice Ross, President |
8 November 2018 | |
4 yearly review – plain language re-drafting – Hospitality Industry (General) Award 2010 |
Justice Ross, President |
8 November 2018 | |
4 yearly review – plain language re-drafting –Restaurant Industry Award 2010 |
Justice Ross, President |
7 November 2018 | |
4 yearly review – plain language redrafting – reasonable overtime |
Justice Ross, President |
29 October 2018 | |
4 yearly review – plain language redrafting – standard clauses – clause H |
Justice Ross, President |
24 October 2018 | |
4 yearly review – plain language redrafting – standard absorption clause and take home pay orders – referral to Plain Language Full Bench |
Justice Ross, President |
16 October 2018 | |
4 yearly review – plain language redrafting – standard clauses |
Justice Ross, President |
1 October 2018 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
1 October 2018 | |
4 yearly review – plain language redrafting – reasonable overtime |
Justice Ross, President |
17 September 2018 | |
4 yearly review – plain language re-drafting – Clerks—Private Sector Award 2010 |
Justice Ross, President |
6 September 2018 | |
4 yearly review – plain language re-drafting – Pharmacy Industry Award 2010 |
Justice Ross, President |
3 September 2018 | |
4 yearly review – plain language redrafting – national training wage – award-specific schedules |
Justice Ross, President |
30 August 2018 | |
4 yearly review – plain language redrafting – standard clauses and payment of wages |
Justice Ross, President |
24 August 2018 | |
4 yearly review – plain language redrafting – standard clauses – clause H |
Justice Ross, President |
14 August 2018 | |
4 yearly review – plain language redrafting – Restaurant Industry Award 2010 |
Justice Ross, President |
3 August 2018 | |
4 yearly review – plain language redrafting – Hospitality Industry (General) Award 2010 |
Justice Ross, President |
3 August 2018 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
23 July 2018 | |
4 yearly review – plain language redrafting – standard clauses – clause H |
Justice Ross, President |
19 July 2018 | |
4 yearly review – plain language redrafting – standard clauses – clauses E.1 and G |
Justice Ross, President |
18 July 2018 | |
4 yearly review – plain language redrafting – Cleaning Services Award 2010 |
Justice Ross, President |
29 June 2018 | |
4 yearly review – plain language redrafting – Security Services Industry Award 2010 |
Justice Ross, President |
29 June 2018 | |
4 yearly review – plain language redrafting – standard clauses – clause G |
Justice Ross, President |
13 June 2018 | |
4 yearly review – plain language redrafting – standard clauses – clause E |
Justice Ross, President |
13 June 2018 | |
4 yearly review – plain language redrafting – Restaurant Industry Award 2010 and Hospitality Industry (General) Award 2010 |
Justice Ross, President |
21 May 2018 | |
4 yearly review – plain language redrafting – Hospitality Industry (General) Award 2010 |
Justice Ross, President |
21 May 2018 | |
4 yearly review – plain language redrafting – Restaurant Industry Award 2010 |
Justice Ross, President |
21 May 2018 | |
4 yearly review – award stage – Group 4 awards |
Justice Ross, President |
21 March 2018 | |
4 yearly review – plain language redrafting –plain language drafting issues and referrals to Plain Language Full Bench |
Justice Ross, President |
21 March 2018 | |
4 yearly review – plain language redrafting – substitution of public holidays – alleged NES inconsistency |
Justice Ross, President |
15 March 2018 | |
4 yearly review – plain language redrafting – reasonable overtime |
Justice Ross, President |
28 February 2018 | |
4 yearly review – plain language redrafting – Security Services Industry Award 2010 |
Justice Ross, President |
21 February 2018 | |
4 yearly review – plain language redrafting – Cleaning Services Award 2010 |
Justice Ross, President |
21 February 2018 | |
4 yearly review – plain language redrafting – Hospitality Industry (General) Award 2010 |
Justice Ross, President |
8 February 2018 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
2 February 2018 | |
4 yearly review – plain language redrafting – Hospitality Industry (General) Award 2010 |
Justice Ross, President |
22 January 2018 | |
4 yearly review – plain language redrafting – Clerks—Private Sector Award 2010 |
Vice President Hatcher |
19 January 2018 | |
4 yearly review – plain language redrafting – reasonable overtime |
Justice Ross, President |
22 December 2017 | |
4 yearly review – plain language redrafting – Restaurant Industry Award 2010 |
Justice Ross, President |
20 December 2017 | |
4 yearly review – plain language redrafting – Cleaning Services Award 2010 |
Justice Ross, President |
9 November 2017 | |
4 yearly review – plain language redrafting – Security Services Industry Award 2010 |
Justice Ross, President |
9 November 2017 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
27 October 2017 | |
4 yearly review – plain language redrafting – Hospitality Industry (General) Award 2010 |
Justice Ross, President |
25 October 2017 | |
4 yearly review – plain language redrafting – Restaurant Industry Award 2010 |
Justice Ross, President |
24 October 2017 | |
4 yearly review – plain language redrafting – General Retail Industry Award 2010 |
Justice Ross, President |
18 October 2017 | |
4 yearly review – plain language redrafting – standard clauses |
Justice Ross, President |
18 October 2017 | |
4 yearly review – plain language redrafting – standard clauses |
Justice Ross, President |
18 October 2017 | |
4 yearly review – plain language redrafting – national training wage – award-specific schedules |
Justice Ross, President |
28 August 2017 | |
4 yearly review – plain language redrafting – tranche 2 awards |
Justice Ross, President |
28 August 2017 | |
4 yearly review – plain language redrafting – standard clauses |
4 yearly review – plain language redrafting – standard clauses |
28 August 2017 | |
4 yearly review – plain language redrafting – Restaurant Industry Award 2010 and Hospitality Industry (General) Award 2010 |
Justice Ross, President |
22 August 2017 | |
4 yearly review – plain language redrafting – standard clauses |
Justice Ross, President |
21 August 2017 | |
4 yearly review – plain language redrafting – national training wage – Miscellaneous Award 2010 |
Justice Ross, President |
15 August 2017 | |
4 yearly review – plain language redrafting – national training wage – Miscellaneous Award 2010 |
Justice Ross, President |
24 July 2017 | |
4 yearly review – plain language redrafting – standard clauses |
Justice Ross, President |
20 July 2017 | |
4 yearly review – plain language redrafting – Pharmacy Industry Award 2010 |
Justice Ross, President |
5 July 2017 | |
4 yearly review – plain language redrafting – national training wage – Miscellaneous Award 2010 |
Justice Ross, President |
21 June 2017 | |
4 yearly review – plain language re-drafting – Pharmacy Industry Award 2010 |
Justice Ross, President |
21 June 2017 | |
4 yearly review – plain language redrafting – Restaurant Industry Award 2010 and Hospitality Industry (General) Award 2010 |
Justice Ross, President |
10 May 2017 | |
4 yearly review – plain language redrafting – Tranche 2 awards |
Justice Ross, President |
28 April 2017 | |
4 yearly review – plain language redrafting – plain language project |
Justice Ross, President |
27 March 2017 | |
4 yearly review – plain language re-drafting – Pharmacy Industry Award 2010 – – plain language drafting issues |
Justice Ross, President |
21 March 2017 | |
4 yearly review – plain language redrafting – national training wage schedule |
Justice Ross, President |
23 February 2017 | |
4 yearly review – plain language redrafting – Clerks—Private Sector Award 2010 |
Justice Ross, President |
3 February 2017 | |
4 yearly review – plain language project – drafting guidelines – Pharmacy Industry Award 2010 – plain language drafting issues |
Justice Ross, President |
20 January 2017 | |
4 yearly review – plain language re-drafting – Pharmacy Industry Award 2010 – outstanding issues |
Justice Ross, President |
29 December 2016 | |
4 yearly review – plain language re-drafting – standard clauses and plain language drafting guidelines |
Justice Ross, President |
13 December 2016 | |
4 yearly review – plain language project – general |
Justice Ross, President |
13 December 2016 | |
4 yearly review – plain language project – plain language drafting guidelines |
Justice Ross, President |
4 November 2016 | |
4 yearly review – plain language redrafting – Clerks—Private Sector Award 2010 |
Justice Ross, President |
4 November 2016 | |
4 yearly review – plain language redrafting – Pharmacy Industry Award 2010 |
Justice Ross, President |
27 September 2016 | |
4 yearly review – plain language redrafting – redrafting process and timetable |
Justice Ross, President |
11 August 2016 | |
4 yearly review – plain language redrafting – plain language project |
Justice Ross, President |
15 July 2016 | |
4 yearly review – plain language pilot – Group 4 awards |
Justice Ross, President |
10 May 2016 | |
4 yearly review – plain language pilot – outcome of pilot and further plain language activities |
Justice Ross, President |
6 May 2016 | |
4 yearly review – plain language modern awards pilot – Pharmacy Industry Award 2010 |
Justice Ross, President |
29 October 2015 |
2 Sweeney Research, Citizen Co-design with small business owners report, 13 August 2014.
3 [2015] FWCFB 4658 at [6]-[7].
4 Sweeney Research, Citizen Co-design with small business owners report, 13 August 2014.
5 With a limited number of exceptions in modern awards that required an industry specific approach.
6 The standard clauses are: Award flexibility; Consultation; Dispute Resolution; Termination of Employment; and Redundancy.
10 [2016] FWC 2837 at [10].
11 PR716565, corrected by PR719747.
12 PR722492, corrected by PR723101.
16 PR716564, corrected by PR718383.
18 PR718541, corrected by PR720200.
21 [2020] FWCFB 5531 and [2020] FWCFB 5766.
26 See [2019] FWCFB 7096 and PR713525.
34 AM2020/99 and AM2021/63.
35 AM2021/65.
36 Housing Industry Association submission, 6 November 2020.
37 Ai Group submission, 6 November 2020, filed on behalf of Australian Industry Group, the Australian Manufacturing Workers’ Union, the Australian Workers’ Union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Construction, Forestry, Maritime, Mining and Energy Union – Construction and General Division, the Construction, Forestry, Maritime, Mining and Energy Union – Manufacturing Division and the United Workers’ Union.
38 Motor Trades Organisations submission, 6 November 2020.
39 Master Builders Australia submission, 6 November 2020.
40 Australian Business Industrial and Business NSW submission, 6 November 2020.