MODERN AWARDS – 4 yearly review – plain language – ss.134, 156 Fair Work Act 2009 – Full Bench – decision finalises second tranche of modern awards in plain language project – jurisdictional issue advanced by ACTU rejected – ACTU submission fails to appreciate nature of Commission’s task in Review and misconstrues modern awards objective – not necessary to make finding that modern award fails to satisfy one or more of s.134 FW Act considerations – s.134 does not set particular standard against which modern award can be evaluated – National Retail Association applied – variation of award in Review does not require finding that award is not simple or easy to understand – consideration in s.134(1)(g) FW Act is expressed in different terms to jurisdictional facts required to enliven discretion under s.160 FW Act – Full Bench not at liberty to ignore matter – Full Bench required to take into account in giving effect to modern awards objective in context of Review – number of parties opposed inclusion of particular awards in second tranche – resource implications of Review organisations acknowledged – this consideration cannot be determinative of scope of Review – s.156 FW Act imposes obligation on Commission to review all modern awards and each modern award must be reviewed in its own right – less weight given to views of industrial organisations now than previously due to shift in nature and purpose of modern awards – such considerations provide no warrant for exclusion of particular modern awards from plain language drafting – consultation process intended to ensure re-drafting process does not unintentionally alter legal effect of any award term – plain language redrafting project need not delay implementation of other award variations – decision specifies which awards will be included in tranche 2 of plain language drafting – various plain language drafting matters of general application addressed – exposure drafts to be updated to incorporate changes and republished for final comment. 4 yearly review of modern awards – Plain language re-drafting – Tranche 2 awards
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