MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – this Statement outlines the next steps in the plain language project – Statement to be read in conjunction with Full Bench decision issued on 20 January 2017 (January Decision) [[2017] FWCFB 344] and Full Bench decision issued on 21 March 2017 (March Decision) [[2017] FWCFB 1612] which dealt with the finalisation of the plain language drafting guidelines (the Guidelines) and certain award-specific clauses in the Pharmacy Award – Commission issued a Statement on 22 September 2015 establishing a pilot to produce a plain language draft of the Pharmacy Award [[2015] FWC 6555] – purpose of the pilot was to create a plain language exposure draft which was simpler and easier for employees and employers to understand than the current Award – selection of the first tranche of modern awards to be redrafted in plain language was based on an assessment of the level of award reliance among employers and employees in the industries covered by the instruments – particular weight given to award reliance among small businesses – an updated plain language modern awards timetable is set out in Attachment A of this Statement – standard clauses and common clauses: standard clauses are provisions that have arisen from previous test cases and generally appear in the same form across most awards – the standard provisions are: award flexibility; consultation; dispute resolution; termination of employment; and redundancy – common clauses include provisions and notes generated during the 4 yearly review of modern awards that have been inserted into most exposure drafts – National Training Wage Schedule: a plain language draft and a Full Bench statement published on 23 February 2017 – the Guidelines: following the January Decision, parties were given a further opportunity to make comments on the revised guidelines until 10 February 2017 – no submissions were received – the first tranche of awards: in the January Decision provisional views were expressed on the Pharmacy Award and determined a number of other contentious issues – March Decision resolved the majority of outstanding issues – a conference will be held before Hatcher VP to deal with: coverage; overtime; and definition of dispensary assistant – the second tranche of awards: a further 10 modern awards have been selected to be re-drafted in plain language – interested persons are invited to comment on the selection of the second tranche of modern awards for re-drafting in plain language – submissions that propose additional modern awards to those selected should be accompanied by reasons and any supporting data or factual material – written comments about the second tranche of modern awards should be sent to [email protected] by 4pm on Friday 7 April 2017. 4 yearly review of modern awards – Plain language re-drafting
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