MODERN AWARDS – 4 yearly review – plain language – s.156 Fair Work Act 2009 – Full Bench – plain language re-drafting project comprises several elements, including reviewing the standard clauses in modern awards generally, as well as reviewing awardspecific clauses in certain awards that have been selected for redrafting as part of the project – five modern awards have been selected for plain language re-drafting – awards selected based on the relatively high level of award reliance among employers and employees in the industries covered – draft Guidelines were published on 9 November 2016 and interested parties made submissions – submissions raise two general points in addition to a number of comments directed at specific guidelines – first general point concerned the potential for plain language drafting to change the legal effect of an award term – Full Bench will amend the draft Guidelines to make it clear that the aim of plain language drafting is to make the award as simple and as easy to understand as possible without unintentionally changing the legal effect of the award – second general point raised concerned the weight to be accorded to the consent of interested parties – Commission intends to engage in an extensive consultation process – Full Bench will have regard to the views expressed by interested parties, but reject the proposition that the Commission should simply adopt the ‘consent positions of the parties’ – revised draft Guidelines will be published shortly and interested parties will be provided with a further opportunity to comment, before the Guidelines are finalised – written comments should be sent to [email protected] by 4.00 pm on Friday 10 February 2016 – the plain language expert prepared a redraft of the Pharmacy Award – Full Bench have determined a number of the contentious issues raised in relation to the revised exposure draft and have expressed a range of provisional views in respect of a range of other issues – at this stage not all of the issues raised by the parties have been addressed – further revised exposure draft will be published shortly – submissions in respect of the further revised exposure draft, the provisional views expressed in this decision and any residual issues which have not yet been determined should be filed by no later than 4pm on Monday 6 February 2017 – submissions in reply should be filed by no later than 4pm on Friday 10 February 2017 – further hearing will be held at 9am on Wednesday 15 February 2017 – all submissions should be sent to [email protected]. 4 yearly review of modern awards – Pharmacy Industry Award 2010
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