STATEMENT

 Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards—Plain Language—Standard Clauses
(AM2016/15)

4 yearly review of modern awards – Plain language – plain language light touch – exposure draft update 2.

[1] A Statement issued on 28 February 2019 1 (the February 2019 Statement) provided an update on the status of the plain language project and outlined that the plain language ‘light touch’ process would include the following:

(i) Changes to the structure of exposure drafts in Groups 1 to 3 in accordance with the plain language structure. This has already been completed for the awards in group 4.

(ii) Definitions will be moved to clause 2 in all exposure drafts.

(iii) Occupational health and safety references. 2

(iv) Annual, weekly and hourly rates in minimum wages tables. 3

(v) Cross-references in coverage clauses.

(vi) Consistency with the Plain Language Guidelines and removal of archaic language.

(vii) Re-drafting some particularly complicated clauses in exposure drafts to ensure that they are simple and easy to understand.

[2] An example of an exposure draft that has been through the light touch process will be published with this statement. The example is based on the Gardening and Landscaping Services Award exposure draft (the Gardening Award example). This has been prepared by staff of the Commission’s Modern Awards Team for the purposes of discussion at the conference on 29 April 2019 and does not represent the concluded view of the Commission on any issue. Amendments are detailed in the table at the beginning of the Gardening Award example.

[3] Items (i) to (iii) at [1] have already been the subject of decisions by the Commission and will form part of the light touch update for each award. A comparison document showing how awards have been restructured is set out at Attachment A. Each of these items has been included in the Gardening Award example.

[4] Item (iv), annual, weekly and hourly rates in minimum wages tables, is currently the subject of a submissions process and a further decision will be issued after reply submissions are received on 19 April 2019. The Gardening Award example includes the proposal set out in the February 2019 Statement at [26].

[5] Item (v), cross references in coverage clauses, is currently the subject of a submissions process and a further decision will be issued after reply submissions are received on 19 April 2019. The Gardening Award example includes the proposal set out in the February 2019 Statement at [32].

[6] Items (vi) and (vii) are considered further below.

Consistency with the Plain Language Guidelines

[7] Chapter 6 of the Plain Language Guidelines sets out principles for the use of language in modern awards. These principles include; avoiding unnecessary jargon; using the active voice instead of the passive voice and removing archaic language.

[8] The August 2017 decision 4 foreshadowed that archaic or overly technical language in modern awards would be replaced in accordance with the Plain Language Guidelines.

[9] An example of how the Guidelines have been applied in the Gardening Award example is set out below:

8. Types of employment

8.1 An employee covered by this award must be one of the following: Employees under this award will be employed in one of the following categories:

(a) a full-time employee; or

(b) a part-time employee; or

(c) a casual employee.

8.2 At the time of engagement, an employer will must inform each the employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual. This decision will then must be recorded in a time and wages record.

Re-drafting some particularly complicated clauses in exposure drafts

[10] Throughout the Gardening Award example amendments have been made to clauses to adopt changes made in plain language exposure drafts where the original award clause was identical. An example of this is the Apprentice provisions at clause 12 of the Gardening Award example.

[11] Due to time and resource constraints other clauses for plain language re-drafting have not been identified; however, interested parties are asked to identify particularly complicated clauses that may benefit from plain language re-drafting in any awards.

Next steps

[12] The Gardening Award example will be published with this Statement. At the conference on 29 April 2019, parties will be asked to comment on the scope of the plain language light touch amendments. Parties will also be asked to identify any individual awards clauses that require plain language re-drafting.

[13] Following the conference, all exposure drafts will go through the light touch process and will be published in accordance with the timetable in the Statement issued on 4 April 2019 5.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR707209

Attachment A

Plain Language Exposure Draft – Table of Contents

The plain language exposure draft table of contents was originally published as Attachment B of the 2016 Plain Language Pilot Report and based on the Pharmacy PLED⁽¹⁾ in April 2016.

The table of contents has been modified since the original publication.

⁽¹⁾ See Attachment B of the 2016 Plain Language Pilot Report. This Table of contents was proposed for the plain language exposure draft for the Pharmacy Industry Award 2014.

⁽²⁾ The current exposure draft Table of contents is taken from the current Group 1 to 3 exposure drafts.

⁽³⁾ The National Training Wage Schedule in contained in the Miscellaneous Award 2010 and 113 awards refer to that award. The following 8 awards will retain the National Training Wage Schedule until the issue of relating to retention of award-specific schedules has been determined:

•  Airline Operations—Ground Staff Award 2010;

•  Airport Employees Award 2010;

•  Building and Construction General On-site Award 2010;

•  Food, Beverage and Tobacco Manufacturing Award 2010;

•  Joinery and Building Trades Award 2010;

•  Manufacturing and Associated Industries and Occupations Award 2010;

•  Mobile Crane Hiring Award 2010; and

•  Sugar Industry Award 2010.

 1   [2019] FWCFB 1255

 2   [2019] FWCFB 1255 at [41]

 3   Ibid at [28];

 4   [2017] FWCFB 4447

 5   [2019] FWC 2271