MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – several modern award clauses identified as ‘standard clauses’ to be redrafted as part of plain language project – Full Bench made provisional views regarding wording of these standard clauses – parties invited to comment and hearing was conducted – this decision finalises most outstanding issues regarding plain language redrafting of standard clauses – the redraft of termination of employment clause contested – issue arose as to whether part of clause is a type of provision that could be validly included in a modern award and whether such provision is necessary to achieve modern awards objective – Full Bench invited submissions on these issues – Full Bench decided to give further consideration to drafting of clauses relating to transfer to low paid job on redundancy and employee leaving during redundancy period – parties invited to make submissions and replies – matters will be resolved on the papers unless hearing requested – other finalised standard clauses set out in Attachment A of decision – finalised standard clauses to be incorporated into all exposure drafts in coming months – Full Bench confirmed that Group 4 awards set out preferred structure and order of clauses – clauses in exposure drafts Groups 1, 2 and 3 will be re-ordered to comply as closely as possible with structure applied to awards redrafted in plain language and Group 4 awards – some archaic and overly technical language will be replaced in accordance with plain language guidelines – revised exposure drafts to be published. 4 yearly review of modern awards – Plain language – standard clauses
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