MODERN AWARDS – 4 yearly review – s.156 Fair Work Act 2009 – Full Bench – Statement deals with the plain language re-drafting of the designated standard clauses and the review of the draft Guidelines for plain language drafting of modern awards following the conference held on 23 November 2016 – draft Guidelines were developed by Mr Eamonn Moran QC – draft Guidelines were published on 9 November 2016 – the draft Guidelines will not have the effect of an award but they are there to assist all of the parties including the Full Bench in determining what plain language clauses will look like – Full Bench will publish the Guidelines in final form early in 2017 – five clauses identified as ‘standard clauses’ to be re-drafted as part of the Plain language Full Bench matter – whether the re-drafting process may have changed the legal effect of the provision – during the conference parties worked through concerns with the re-drafted Award flexibility term and a number of agreed changes were noted – revised draft version of the Award flexibility standard clause, incorporating changes agreed to during the conference – further conference is proposed to be held in Sydney on Monday, 23 January 2017 commencing at 9:00am to deal with the remaining ‘standard clauses’ – Full Bench made it clear that the re-drafting process is not intended to change the legal effect of a provision. 4 yearly review of modern awards – Plain language re-drafting – Standard Clauses – Draft Guidelines
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