[2018] FWC 6091


Fair Work Act 2009

s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – plain language re-drafting – standard clauses



4 yearly review of modern awards – plain language re-drafting – standard clauses.

[1] In a Decision issued on 14 August 2018 1 the Plain Language Full Bench expressed the provisional view that all modern awards should be varied to replace existing standard modern award terms with the plain language standard clauses:

A. Award flexibility

B. Consultation about major workplace change

C. Consultation about changes to rosters or hours of work

D. Dispute resolution

E. Termination of employment

F. Redundancy

G. Transfer to lower paid job on redundancy

H. Employee leaving during the redundancy notice period.

[2] Draft determinations were published on 24 August 2018. 2 Interested parties were invited to make submissions about whether any of the industry specific elements of these terms should be retained.

[3] A Schedule with links to draft determinations for 108 awards to be varied was published on the Commission’s website on 24 August 2018 3. In response to correspondence from the Australian Council of Trade Unions (ACTU)4 the Commission corrected a drafting error in the Decision issued on 14 August 2018 and replaced Attachment A clause G—Transfer to lower paid duties on redundancy with updated wording at clause G.1, to reflect the wording as it appeared in the Decision finalising the clause issued on 18 October 2017.5 A revised Schedule noting the change to clause G.1 was published on 7 September 2018. Clause G.1 now reads as follows:

G.1 Clause G applies if, because of redundancy an employee is transferred to new duties to which a lower ordinary rate of pay is applicable.’

[4] A draft determination for the Road Transport (Long Distance Operations) Award 2010 was inadvertently not included in the published Schedule; therefore, a draft determination was not published for comment. A draft determination will be published today and parties will have the opportunity to comment. Submissions must be made by 4.00 pm, Friday 12 October 2018.

[5] Submissions were received in relation to the awards above. Any typographical errors raised in the submissions have been noted and will be corrected.

[6] Additionally, submissions opposing the insertion of certain model terms were received in relation to the following awards:

  Real Estate Industry Award 2010;

  Textile, Clothing, Footwear and Associated Industries Award 2010;

  Dry Cleaning and Laundry Industry Award 2010;

  Timber Industry Award 2010; and

  Manufacturing and Associated Industries and Occupations Award 2010.

[7] In a Statement issued on 24 August 2018, the Full Bench identified a number of awards that appeared to have award specific issues requiring further consideration before a draft determination could be issued. 6 The awards are:

  Air Pilots Award 2010;

  Animal Care and Veterinary Services Award 2010;

  Architects Award 2010;

  Black Coal Mining Industry Award 2010;

  Dredging Industry Award 2010;

  Educational Services (Teachers) Award 2010;

  Mannequins and Models Award 2010.

  Marine Towage Award 2010; and

  Professional Employees Award 2010.

[8] Submissions were also sought in relation to clause 11.3 of the Animal Care and Veterinary Services Award 2010 and clause 12.2 of the Professional Employees Award 2010 which may be inconsistent with the NES.

[9] The industry specific redundancy schemes in the Building and Construction General On-site Award 2010, the Joinery and Building Trades Award 2010, the Mobile Crane Hiring Award 2010 and the Plumbing and Fire Sprinklers Award 2010 are currently being considered by a separate Full Bench in AM2016/23. 7 Draft determinations for the standard clauses will be issued after that matter has concluded.

[10] The Full Bench will issue a decision in relation to those submissions received in due course. The modern awards mentioned in paragraphs [4], [6], [7] and [8] will be dealt with in that decision. All of the other modern awards, 103 in total, will now be varied to replace existing terms with the plain language standard clauses. Those awards are listed at Attachment A. Final variation determinations will be issued and will take effect on 1 November 2018.


Printed by authority of the Commonwealth Government Printer



Aboriginal Community Controlled Health Services Award 2010

Aged Care Award 2010

Airline Operations-Ground Staff Award 2010

Aircraft Cabin Crew Award 2010

Airport Employees Award 2010

Alpine Resorts Award 2010

Aluminium Industry Award 2010

Ambulance and Patient Transport Industry Award 2010

Amusement, Events and Recreation Award 2010

Aquaculture Industry Award 2010

Asphalt Industry Award 2010

Banking, Finance and Insurance Award 2010

Book Industry Award 2010

Broadcasting, Recorded Entertainment and Cinemas Award 2010

Business Equipment Award 2010

Car Parking Award 2010

Cement and Lime Award 2010

Cemetery Industry Award 2010

Children's Services Award 2010

Cleaning Services Award 2010

Clerks—Private Sector Award 2010

Coal Export Terminals Award 2010

Commercial Sales Award 2010

Concrete Products Award 2010

Contract Call Centres Award 2010

Corrections and Detention (Private Sector) Award 2010

Cotton Ginning Award 2010

Educational Services (Post-Secondary Education) Award 2010

Educational Services (Schools) General Staff Award 2010

Electrical Power Industry Award 2010

Electrical, Electronic and Communications Contracting Award 2010

Fast Food Industry Award 2010

Fire Fighting Industry Award 2010

Fitness Industry Award 2010

Food, Beverage and Tobacco Manufacturing Award 2010

Funeral Industry Award 2010

Gardening and Landscaping Services Award 2010

Gas Industry Award 2010

General Retail Industry Award 2010

Graphic Arts, Printing and Publishing Award 2010

Hair and Beauty Industry Award 2010

Health Professionals and Support Services Award 2010

Higher Education Industry-Academic Staff-Award 2010

Higher Education Industry-General Staff-Award 2010

Horse and Greyhound Training Award 2010

Horticulture Award 2010

Hospitality Industry (General) Award 2010

Hydrocarbons Field Geologists Award 2010

Hydrocarbons Industry (Upstream) Award 2010

Journalists Published Media Award 2010

Labour Market Assistance Industry Award 2010

Legal Services Award 2010

Live Performance Award 2010

Local Government Industry Award 2010

Marine Tourism and Charter Vessels Award 2010

Maritime Offshore Oil and Gas Award 2010

Market and Social Research Award 2010

Meat Industry Award 2010

Medical Practitioners Award 2010

Mining Industry Award 2010

Miscellaneous Award 2010

Nursery Award 2010

Nurses Award 2010

Oil Refining and Manufacturing Award 2010

Passenger Vehicle Transportation Award 2010

Pastoral Award 2010

Pest Control Industry Award 2010

Pharmaceutical Industry Award 2010

Pharmacy Industry Award 2010

Port Authorities Award 2010

Ports, Harbours and Enclosed Water Vessels Award 2010

Poultry Processing Award 2010

Premixed Concrete Award 2010

Professional Diving Industry (Industrial) Award 2010

Professional Diving Industry (Recreational) Award 2010

Quarrying Award 2010

Racing Clubs Events Award 2010

Racing Industry Ground Maintenance Award 2010

Rail Industry Award 2010

Registered and Licensed Clubs Award 2010

Restaurant Industry Award 2010

Road Transport and Distribution Award 2010

Salt Industry Award 2010

Seafood Processing Award 2010

Seagoing Industry Award 2010

Security Services Industry Award 2010

Silviculture Award 2010

Social, Community, Home Care and Disability Services Industry Award 2010

Sporting Organisations Award 2010

State Government Agencies Award 2010

Stevedoring Industry Award 2010

Storage Services and Wholesale Award 2010

Sugar Industry Award 2010

Supported Employment Services Award 2010

Surveying Award 2010

Telecommunications Services Award 2010

Transport (Cash in Transit) Award 2010

Travelling Shows Award 2010

Vehicle Manufacturing, Repair, Services and Retail Award 2010

Waste Management Award 2010

Water Industry Award 2010

Wine Industry Award 2010

Wool Storage, Sampling and Testing Award 2010

 1   [2018] FWCFB 4704

 2   Schedule of draft determinations - standard clauses, 24 August 2018

 3   Schedule of draft determinations, 24 August 2018

 4   ACTU correspondence, 5 September 2018

 5   [2017] FWCFB 5258 at [257]

 6   [2018] FWC 4976 at [10]-[13]

 7   Memorandum - construction awards, 22 August 2016.