DECISION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards—Plain language re-drafting—Pharmacy Industry Award 2010
(AM2016/15)

JUSTICE ROSS, PRESIDENT
VICE PRESIDENT HATCHER
COMMISSIONER HUNT

MELBOURNE, 28 FEBRUARY 2019

4 yearly review of modern awards – plain language re-drafting – Pharmacy Industry Award 2010 – casual conversion clause.

[1] This decision deals with the insertion of the model casual conversion clause into the Pharmacy Industry Award 2010 (the Pharmacy Award). The model clause arose out of the Part-time and Casual employment common issue matters. 1

[2] In a statement issued on 5 December 2018 we proposed to insert the model term at clause 13.6 of the Pharmacy Award. 2 The statement contained a draft determination giving effect to this provisional view. Parties were invited to make submissions in relation to the draft determination. No submissions were received.

[3] We confirm our proposal and will vary the Pharmacy Award to include the model term at clause 13.6. The clause will come into effect from the start of the first full pay period that starts on or after 28 February 2019. A determination giving effect to this will be published shortly.

PRESIDENT

1 See [2018] FWCFB 4695 at para 31; see also [2017] FWCFB 3541.

2 [2018] FWCFB 7405 at para 9.

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CaseChat Overview and Summary

In the Fair Work Commission, Fair Work Ombudsman, as applicant, brought a case against Rx Pharmacy Group Pty Ltd, in which the central issue was the interpretation and application of a clause in the Pharmacy Industry Award 2010. The specific clause in question was the casual conversion clause, which the applicant argued needed re-drafting to be more comprehensible in plain language. The matter was heard in the Fair Work Commission, which had the authority to review and amend modern awards to ensure they were written in plain language as per legislative requirements.

The legal issues before the Commission included whether the existing casual conversion clause in the Pharmacy Industry Award 2010 complied with the legislative mandate for plain language and whether it was necessary to re-draft the clause to enhance clarity and accessibility for employees and employers alike. Additionally, the Commission had to consider whether the proposed re-drafting would preserve the intended legal protections and obligations set out in the original clause.

The Fair Work Commission meticulously examined the plain language requirements and the existing provisions of the Pharmacy Industry Award 2010. The Commission found that the casual conversion clause did not meet the plain language criteria and could be better understood by re-drafting it. The proposed changes aimed to ensure the clause was more straightforward and less ambiguous. The Commission concluded that the re-drafting was necessary to fulfil the statutory requirement for plain language without altering the substantive legal effect of the clause. The Commission issued an order re-drafting the clause to improve its clarity and accessibility, while maintaining its original intent and protections.

4 yearly review of modern awards—Plain language re-drafting—Pharmacy Industry Award 2010

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established