&
Drafting Styles and Rules
Step by Step Guide..................................................................................... 2
Installing the Template ............................................................................... 4
Drafting Styles ............................................................................................. 5
Important Drafting Notes ............................................................................ 8
Page Set up Paper Size and Margins .................................................... 9
Drafting Toolbar Buttons ..........................................................................10
AutoText function......................................................................................12
Clause Numbering ....................................................................................14
Standard Drafting Practices ....................................................................15
Homophones..............................................................................................17
Revised 22 January 2002
Step–by–Step Guide
The following provides a structured manner to review an award. It makes extensive use
of word processing for reformatting and converting awards to meet the requirements of
the Act. The "Award Review Template" has been modified from one in the AIRC web
site which can be found at:–
http://www.airc.gov.au./awdsimp/word_processing/word.html
The 'Auto Text' function now accommodates State standards and model clauses.
Given the number of changes and modifications required to most awards the procedure
focuses on one action at a time to avoid distraction and unnecessary complications.
Naturally the review process should be carried out in consultation with all interested
parties.
The following process is a suggestion only and parties may prefer to use a different
method.
•
Place the 'Award Review Template' in a convenient place on the same hard drive.
Recommended placement at C: Programs Files / Microsoft Office / Templates
•
Open up a copy of the award under review in a Word window.
•
Use "Select all" and remove all rogue formatting inside the file by going to
"Normal" on the format bar. This makes it easier when cutting and pasting into the
next document. (Format)
•
Open the file called "Format" in a separate Word window. This should
automatically open under the Award Review Template base. (AutoText, page
formatting etc… functions on the left column toolbar.)
•
Using the embedded notes in the format doc go through the Award File
sequentially and cut and paste individual clauses or groups of similar clauses into
their respective PARTS in the format doc. Do not alter any clauses at this stage.
Simply move the existing clauses into their correct Part Numbers in the new
format. At the end of this step the original Award File should be empty and the
"old award " provisions captured in the new format. Save as "? award Version 1"
•
Cut the unwanted indicative clauses from the format template to leave just the
PART titles and transferred clauses. EG remove : Distant work
– Distant work expenses
– Distant work
–Camping out.
•
Identify and relocate any provisions that are obsolete and clearly defunct and
require no updating, modification or replacement. E.g. No extra claims clause,
Structural Efficiency or Award Modernisation. These should be placed in an end
section titled Annexure A "The following areas have been identified by the parties as areas to
be deleted from this Award"
_____________________________________________________________
2
•
Under the various PARTS collate the different clauses into natural groupings.
Don’t bother to give them new clause numbers at this stage. Retain the Original
clause numbers for the parties’ reference.
•
Modify and update existing obsolete provisions ensuring they are in the appropriate
Part of the award after changes have been made. Use AutoText function to insert
embedded model or standard causes. (If you cannot access the Auto Text function
it may be because:
- You did not enable "macros" at the start prompt; or
- your security settings are too high. Go to Tools – Macro –Security and set to
medium or low)
•
Anti–discrimination: Do a search using the "find" function on common words such
as "he, she, man, men " to gauge the scope of non–gender neutral words in the
award. Carefully scrutinise all provisions and remove elements of direct / indirect
discrimination and non–gender neutral language.
•
On a clause–by–clause basis examine the language using the Plain English
guidelines and rewrite to give clarity whilst retaining concision. Some obvious
targets are the words “shall” and “provided that” which can be identified with the
“find” function. E.g. “ Subject to compliance with the foregoing provisions and
with those hereinafter contained” can be deleted.
•
Apply appropriate model clauses using Auto Text function.
•
Apply the correct numbering format to clauses, sub–clauses, paragraphs,
subparagraphs etc. – Leave a reference to Old clause numbers at this stage.
•
When the document is finalised between the parties ensure the correct drafting
styles and conventions contained on pages 8 and 14–16 in this booklet have been
observed.
====================================================
•
Place the 'Award Review Template' in a convenient place on the same hard drive.
Recommended placement at C: Programs Files / Microsoft Office / Templates
_____________________________________________________________
3
STATE AWARD REVIEW
----- DRAFTING STYLE
1st
Level
PART 1 – PART HEADING
PARTS
Part headings in decimalised awards are left aligned.
The part number appears on the margin (0 cm) in the
form “PART 1” followed by a dash then the heading.
PART
HEADING Both the number and heading appear in bold type.
The heading is capitalised in 10pt.
PART 1 – APPLICATION AND OPERATION
2nd
Level
LEVEL 2
BOLD
clauses
BLOCK
INDENT
0 cm
1.1
Second level heading (Clauses)
Second level headings (i.e. Clause) are left aligned.
The number appears on the margin (0 cm), and the
heading commences at the 1 cm tab stop. This
heading appears in sentence case in regular type.
Any other text is blocked at the margin.
7.4
Long service leave
All employees covered by this Award are entitled to long service leave
on full pay under, subject to, and in accordance with, the provisions of
Chapter 1, Part 3, Sections 42–58 of the Act as amended from time to
time.
3rd
Level
1.1.1
"Sub–"
LEVEL2
UN–
BOLD
clauses
BLOCK
INDENT
0 cm
3rd Level
Heading
Sub–clause headings are left aligned. The number
appears on the left margin (0cm) and the heading
commences at the 1 cm tab stop. This heading
appears in italic type with an initial capital letter. Text
is blocked at the 0 cm tab stop.
4.5.8
Employers exempted
Subject to an order of the Commission, in a particular redundancy
case, this subclause shall not apply to Employers who employ less
than 15 people.
_____________________________________________________________
4
3rd
Level
”Sub–"
3rd Level
LEVEL2
UN–
BOLD
1.1.2
BLOCK
INDENT
1 cm
4.2.7 A regular part–time employee employed under the provisions of
clauses
Sub–clauses without headings are left aligned. The
number appears on the left margin (0cm) and the
words start at the 1 cm tab stop. Text is blocked at the
1cm tab stop.
this clause must be paid for ordinary hours worked at the rate of
1/38 of the weekly rate prescribed for the class of work
performed.
4.2.8
4th
Level
Ordinary
Where a public holiday falls on a day upon which an employee
is normally engaged, the employee shall be paid the appropriate
rate for the number of hours normally worked on that day.
1.1.1(a) 4th Level
The letter before a sub–sub–clause heading starts at
the 1cm tab stop. (a) (b) (c) etc… The same as
above.
"Sub–sub–"
Sub–sub–clause words commence with an initial
capital. The words commence at the 1.5 cm tab stop.
clauses
LETTER
INDENT
1.0 cm
BLOCK
INDENT
1.5 cm
7.4.1 Entitlement
(a) Every employee, except casuals, pieceworkers, and
school based apprentices and trainees, is entitled to
eight days sick leave for each completed year of their
employment with their emp loyer.
(b) This entitlement will accrue at the rate of one day’s sick
leave after each six weeks of employment.
_____________________________________________________________
5
5th
Level
1.1.1(a)(i) Additional 5 th Level clauses
The roman numeral preceding a sub–sub–sub–clause
[(i) (ii) (ii) (iv) etc…] commences at the 0.5 cm tab
stop. The words start the 1.25 cm tab stop in lower
case letters.
Use the Normal style and manually set tabs to 0.5 cm
and 1.25 cm indent.
"Sub – sub– sub"
5.8.7 Enrolment:
clauses
1.5 cm
BLOCK
INDENT
2.25 cm
(a) Each employer to whom this clause applies
shall as soon as practicable as to both current
and future eligible employees:
(i)
Notify each employee of his/her entitlement to
Occupational Superannuation.
(ii)
Consult as may be necessary to facilitate the
selection by employees of an appropriate Fund
within the meaning of subclause 5.8.4 hereof.
(iii) Take all reasonable steps to ensure that upon the
determination of an appropriate Fund, each eligible
employee receives, completes, signs and returns the
necessary application forms provided by the
employer
6th
Level
1.1.1(a)(i) (1)
"Sub – sub – sub
– sub"
6th Level
clauses
The number commences at the 2.25 cm tab stop. The
text commences at the 2.75 cm tab stop.
clauses
This is rarely used and may be accommodated by
bullets instead.
At this level of detail the parties should re–think
the clause structure for ease of understanding.
_____________________________________________________________
6
The contents of an arrangement clause are arranged in
PART number order at 0cm. They are then listed in
clause numbers with headings commence at 0 cm tab
stop, e.g.:
Use the Automatic Tabs function in Format to ensure
consistent spacing and dot lines – [Leader (2)]
1.1
Arrangement
Clause
Arrangement
Subject Matter
Clause No.
PART 1 – APPLICATION AND OPERATION
Title
Arrangement
Commencement date and period of operation
Coverage
Parties Bound
Definitions
Area of operation
1.1
1.2
1.3
1.4
1.5
1.6
1.7
PART 2 – FLEXIBILITY.
Enterprise Flexibility
2.1
OTHER IMPORTANT NOTES WHICH MUST BE FOLLOWED
ð All Text is in 10 point Times New Roman font – Justified
ð Single line spacing should be used throughout, with 1 line space ONLY
between paragraphs; AND One space after all punctuation. 2 spaces after
a FULL STOP.
ð Page Numbers at the TOP of the page – No number on the first page
ð No Footnotes
ð No section breaks
ð No excess tabs – Use only what is needed
ð No Columns of text
ð Tables with only one continuous row are to be avoided
ð No landscaping in tables
ð No Automatic headings or numbering on the final document.
_____________________________________________________________
7
Page Setup – Paper Size
Page Set–up – Margins
_____________________________________________________________
8
Button Name
Button Description
New
Prompts you to create a new file,
displays template listing
Close
Closes current file
Insert File
Displays the Insert File dialog box
AutoText
Remove Page
Formatting
Bold Clause
Numbers
Next Input
Print Current
Page
Displays & Inserts AutoText dialog box
Model Clauses are found here
Removes all section breaks in current
document
Shortcut
Key
Alt+Ctrl+F
5
Alt+R
Not Required
Not Required
Prints current page of document
Alt+P
Alt+Q
Remove auto
numbering
Converts automatic numbering to
manual numbering
STYLES TIP: Work in Normal View to display the Style Area in the left
margin. [This will display all applied styles line by line.] To
select this option, choose Tools: Options: Style Area Width
and set at 2 cm.
_____________________________________________________________
9
Drafting Template
Registry Styles toolbar:
These are the only functions necessary for State Awards
Button Name
Button Description
Normal Style
Applies Normal style to current paragraph
Part heading Style
Applies Part heading style to current paragraph
Level 2 Style
Applies Level 2 style to current paragraph
Level 2–Bold Style
Applies Level 1–Bold style to current paragraph
Block Indent 1cm Style
Applies Block Indent 1cm style to current paragraph
_____________________________________________________________
10
DRAFT Styles
Style Name
Style Description
Normal
Part heading
Level 2
Level 2 – Bold
Block Indent 1cm
Font: Times New Roman 10 pt; Justified
Normal + 10 pt Bold
Normal + Indent: Hanging 1 cm , Level 2
Normal + Indent: Hanging 1 cm, Level 2, Bold
Normal + Indent: Left 1 cm
AutoText
To insert an AutoText entry into the document (based on the DRAFT
template):
Position the cursor where you would like the preamble to start, and click on the
AutoText button in the Registry Drafting toolbar
or press Ctrl+Alt+F5:
Note: Ensure that the correct
AutoText entry is inserted by
selecting the Award Review
Template drafting template name
from the ‘Look in:’ box.
(There may be more than one
AutoText entry when documents
have been based on more than one
template).
Award Review Template
Table of Award Review Template AutoText entries
Name of clause/provision/data
AutoText name
LIST OF STANDARD or TEST CASE PROVISIONS
Absorption clause
ç
Anti–discrimination clause
ç
Bereavement Leave
ç
Casual Loading
ç
Contract of employment
ç
Definitions
ç
_____________________________________________________________
11
Disputes Procedure
Enterprise Flexibility
ç
Family leave
ç
Long Service Leave
ç
Parties Bound
ç
ç
Proofing the final document
ç Advice only
Public Holidays (short week)
ç
Public Holidays (standown over Xmas)
ç
Public Holidays (Show day)
ç
Right of Entry and Time and Wages Records
ç
Shift Allowance
ç
Sick Leave
ç
Superannuation (Choice of Fund)
ç
Termination Change and Redundancy
TCR
Trainees
ç
Training Clause
ç
Transmission of Business
ç
Union Encouragement
ç
•
Auto Text clauses are in the correct drafting / terminology style
•
Clause numbering will be dependant on the particular Award and have
either X,Y or Z where the numbers need to be added.
•
RED indicates cross–referencing requirements within individual clause
numbers.
TERMINOLOGY:– All Awards are set out in PARTS and clauses living under those
parts. In accordance with the Practice Note of the State Wage Case Decision dated
24 October 1995, all New Awards or Rescissions and New Awards must be approved
in the correct numbering format ie 5.2.1 (NOT 5.2(1) etc)
The word "clause" will be the only word used to describe a section of an award
ie 5.4.1(a)(i) which would have been known as – "provision (i) of paragraph (a) of
subclause 1 of clause 4 of Part 5" will now be referred to simply as "clause
5.4.1(a)(i)"
_____________________________________________________________
12
Text type
Part
Clause
Subclause
Sub–
subclause
Sub–sub–
subclause
Sub–sub–
sub–
subclause
Decimal award
PART 1, 2, 3, 4, etc.
1.1, 1.2, 1.3, 2.1, 2.2, etc.
1.1.1, 1.1.2, 1.1.3, 1.2.1,
1.2.2, etc.
1.1.1(a), 1.1.1(b), 1.1.1(c),
1.1.2(a), 1.1.2(b), etc.
1.1.1(a)(i), 1.1.1(a)(ii),
2.1.1(a)(i), 2.1.1(a)(ii),
2.1.1(a)(iii), etc
. 1.1.1(a)(i)(1), 1.1.1(a)(ii)(2),
2.1.1(a)(i)(3),
E.g.
1.4
Coverage
This Clerical Employees Award – State applies to persons employed wholly or principally as a clerk as defined
herein within the State of Queensland; but excluding:
1.4.1
Total Exemption:
(a)
Any person who is a proprietor, director or manager of a company, business or
undertaking, or a person to whom he or she has been delegated the right to engage and
terminate the employment of his or her employees.
(b)
Employees under articles to solicitors of the Supreme Court of Queensland.
1.4.1(a) then clearly identifies the provision:
PART .......................................................1
The Clause .............................................................1.4
The "Sub" clause ....................................................1.4.1
And the "Sub–sub" clause ......................................1.4.1(a)
SOME STANDARD PRACTICES IN AMENDING, AWARDS, ETC. IN THE QIRC
WORDS THAT MUST BE IN ITALIC (INCLUDING ALL LATIN WORDS):
pro rata
de facto
by consent
prima facie
Inter Alia
Status quo
Queensland Government Industrial Gazette
ACTS:–
Act names must always be italicised with a comma after the final year.
_____________________________________________________________
13
e.g. Holidays Act 1983,
In a new Award the parties can put words other than those above in italics to highlight
a particular subject matter.
THE FOLLOWING WORDS ARE HYPHENATED:
Use - next to the = key
a-half
a-quarter
one-half
week-end
part-time
full-time
e.g. in time and a-half
DASHES, DOTS, APOSTROPHES:
When using dashes in an award name or between text a space must be placed before
and after the dash.
e.g. Carting Trade Award – Southern Division.
Dashes are produced by Ctrl – on the numeric key pad.
Don’t use - next to the = key
QGIG – must not have full stops in between the letters.
When using dots to indicate missing text, a space must always be placed in between
the 3 dots – e.g. (space) . . .
e.g. …
When using dashes in conjunction with punctuation no space is required after the
punctuation.
e.g. – as follows:–
Part-time and Casual Employees:–
When using an apostrophe to show single/plural or show possession it is as follows:–
Single – one week’s, one month’s.
Plural/show possession – two weeks’, two months’ service.
Use "curly" apostrophes
’
not straight ones
'
Curly ones are made using Ctrl and striking the ' key twice.
Dashes and apostrophes can be easily refined once a final document is ready by using
the "Find" and "Replace" function in the Edit menu.
_____________________________________________________________
14
Capital or Regular
Award/Industrial Agreement – where speaking of a particular Award or Industrial
Agreement, always use initial capitals.
agreement – when used as a casual or general reference has a small a.
award – when used as a casual or general reference has a small a.
employer – always has a small e.
employee – always has a small e.
clause – always has a small c.
Union – where speaking of a particular union always has a capital U.
union – when used as a casual or general reference such as union movement,
unionised, has a small u.
Industrial Organisation – when speaking of a particular Industrial Organisation has
initial capitals.
industrial organisation – when used as a casual or general reference has small initials.
section – when referring to an Act has a small s. (section 45 not s.45)
Mr/Mrs/Ms – have no full stop.
applicant and respondent have small letters
Court or Commission always have capital letters
GAZETTE REFERENCES
When referencing a gazetted amendment, decision etc. the following format is to be
followed:
139 QGIG 179–184
i.e. Gazette No. (space) QGIG (no stops) (space) page nos.
If the document referred to is not gazetted, specify the date of the document and that it
is unpublished :
e.g. dated 13 May 1992 (unpublished)
Dates to be in the following form:
as from 8 May 2001
_____________________________________________________________
15
Homophones
The following table displays homophones (i.e. words which sound alike but have
different meanings) which commonly cause problems, their correct meanings and/or
hints on usage:
accept
except
affect
affected
effect
dependant
dependent
licence
license
licensed
practice
practise
precedent
principal
principle
sought
sort
there
their
they're
therefor
therefore
consent to receive
not including, but
verb meaning to influence. This word is not normally used as a noun
except in psychological literature
past participle of verb to affect, meaning artificial or assumed
verb meaning to bring about, to accomplish. As a noun, means result
noun (the person)
adjective
e.g. Bob's dependants have no independence, they are dependent on
him for everything
the piece of paper (noun)
to allow (verb)
allowed (past participle and adjective)
e.g. A licensed publican has a licence which licenses him to sell beer.
noun
verb
e.g. He is a practised liar. He says that he is a practising neurophysician,
that he practises the violin in his spare time and that he has had a lot of
practice in public speaking
1. previous case taken as example (in law) (plural – precedents)
2. preceding in time, order or rank (plural – precedence)
chief or main (noun or adjective)
primary element, general law (noun). This word is never used as an
adjective
past participle of verb to seek
separate into groups according to size, quality, etc.
adverb denoting place (e.g. It's over there)
possessive pronoun (e.g. Their own home)
short for "they are" (e.g. They're going to work)
for that object or purpose
consequently, as a result of
_____________________________________________________________
16