MA000079  PR717513
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009

s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

ARCHITECTS AWARD 2010
[MA000079]

Technical services

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 30 APRIL 2020

4 yearly review of modern awards – Architects Award 2010 – modern award varied – correction.

A. The determination issued by the Full Bench on 14 February 2020 [PR716561] is corrected as follows:

1. By deleting the clauses and schedules attached in the determination issued on 14 February 2020 and inserting the new clauses and schedules attached.

B. This determination comes into operation from 4 May 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 4 May 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Architects Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 4
4. Coverage 4
5. Individual flexibility arrangements 5
6. Requests for flexible working arrangements 6
7. Facilitative provisions 8
Part 2— Types of Employment and Classifications 9
8. Full-time employees 9
9. Part-time employees 9
10. Casual employees 9
11. Classifications 11
Part 3— Hours of Work 11
12. Ordinary hours of work 11
Part 4— Minimum Wages and Related Matters 12
13. Minimum rates 12
14. Payment of wages 17
15. Allowances 18
16. Superannuation 19
Part 5— Overtime 20
17. Overtime 20
Part 6— Leave and Public Holidays 22
18. Annual leave 22
19. Personal/carer’s leave and compassionate leave 25
20. Parental leave and related entitlements 25
21. Community service leave 25
22. Unpaid family and domestic violence leave 25
23. Public holidays 26
Part 7— Consultation and Dispute Resolution 26
24. Consultation about major workplace change 26
25. Consultation about changes to rosters or hours of work 27
26. Dispute resolution 28
Part 8— Termination of Employment and Redundancy 29
27. Termination of employment 29
28. Redundancy 30
Schedule A —Classification Definitions 32
Schedule B —Summary of Hourly Rates of Pay 33
Schedule C —Summary of Monetary Allowances 34
Schedule D —Agreement to Take Annual Leave in Advance 35
Schedule E —Agreement to Cash Out Annual Leave 36
Schedule F —Part-day Public Holidays 37
Schedule X —Additional Measures During the COVID-19 Pandemic 38

Application and Operation of this Award

Title and commencement

This award is the Architects Award 2020.

This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

Definitions

In this award, unless the contrary intention appears:

The National Employment Standards and this award

The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

Coverage

This occupational award covers employers of architects throughout Australia with respect to their employees in the classifications defined in Schedule A—Classification Definitions and those employees to the exclusion of any other modern award.

Architect means an employee registered as an architect under any Australian legislation.

This award does not cover any employee engaged on the academic staff of a university or college of advanced education.

This award covers any employer which supplies on-hire employees in the classifications defined in Schedule A—Classification Definitions and those on-hire employees, if the employer is not covered by another modern award containing a classification which is more appropriate to the work performed by the employee. Clause 4.4 operates subject to the exclusions from coverage in this award.

This award does not cover:

an employee excluded from award coverage by the Act;

employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

Individual flexibility arrangements

Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

arrangements for when work is performed; or

overtime rates; or

penalty rates; or

allowances; or

annual leave loading.

An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

An agreement may only be made after the individual employee has commenced employment with the employer.

An employer who wishes to initiate the making of an agreement must:

give the employee a written proposal; and

if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

An agreement must do all of the following:

state the names of the employer and the employee; and

identify the award term, or award terms, the application of which is to be varied; and

set out how the application of the award term, or each award term, is varied; and

set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

state the date the agreement is to start.

An agreement must be:

in writing; and

signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

The employer must keep the agreement as a time and wages record and give a copy to the employee.

The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

An agreement may be terminated:

at any time, by written agreement between the employer and the employee; or

by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

Requests for flexible working arrangements

Employee may request change in working arrangements

Responding to the request

the needs of the employee arising from their circumstances;

the consequences for the employee if changes in working arrangements are not made; and

any reasonable business grounds for refusing the request.

What the written response must include if the employer refuses the request

Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

What the written response must include if a different change in working arrangements is agreed

Dispute resolution

Facilitative provisions

A facilitative provision is one which provides for the departure from an award provision by agreement between an employer and an individual employee, or the majority of employees, in the enterprise or workplace concerned.

Facilitative provisions are not a device to avoid award obligations and must not result in unfairness to an employee or employees.

An employee may request to be represented in meeting and conferring with the employer about the implementation of the facilitative provisions.

If requested, the representative must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of a facilitative provision. Involvement by a representative does not mean that the consent of the representative is required prior to the introduction of agreed facilitative arrangements.

Facilitation by individual agreement

Facilitation by majority agreement

Types of Employment and Classifications

Full-time employees

A full-time employee means any employee not specifically engaged as being a part-time or casual employee and is for all purposes of this award a full-time employee.

Part-time employees

A part-time employee means an employee who is employed to work less than 38 hours per week.

For each ordinary hour worked, a part-time employee will be paid the minimum hourly rate for the appropriate classification.

A part-time employee will accrue all the provisions of this award as a full-time employee on a pro rata basis according to the number of hours the employee works.

The spread of ordinary working hours will be the same as those prescribed for full-time employees.

Casual employees

A casual employee is one engaged and paid as a casual employee.

For each ordinary hour worked, a casual employee will be paid the minimum hourly rate, plus a 25% loading.

An employee not specifically engaged as a casual employee will be deemed to be employed as a full-time or part-time employee.

A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

Right to request casual conversion

A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to full-time employment.

A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’ casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

Any request under clause 10.5 must be in writing and provided to the employer.

Where a regular casual employee seeks to convert to full-time or part-time employment, the employer may agree to or refuse the request, but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

Reasonable grounds for refusal include that:

For any ground of refusal to be reasonable, it must be based on facts which are known or reasonably foreseeable.

Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 26Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 10.5, the employer and employee must discuss and record in writing:

The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 10.5.

Nothing in clause 10.5 obliges a regular casual employee to convert to full-time or part-time employment, nor permits an employer to require a regular casual employee to so convert.

Nothing in clause 10.5 requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

An employer must provide a casual employee, whether a regular casual employee or not, with a copy of the provisions of clause 10.5 within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018, an employer must provide such employees with a copy of the provisions of clause 10.5 by 1 January 2019.

A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 10.5(q).

Classifications

Wages, classification and progression

On engagement, an employee must be advised in writing of their wage and any normal practice in regards to remuneration reviews, where remuneration is in excess of award prescription.

On request, an employer must advise an employee of the award classification which the employer considers to be appropriate having regard to the duties performed by the employee concerned.

Classification level definition

Hours of Work

Ordinary hours of work

The ordinary hours of duty of an employee must not exceed 38 per week and are to be worked between 8.00 am and 6.00 pm Monday to Friday inclusive.

The spread of ordinary hours may be altered by agreement between an employer and the majority of employees in the establishment, section or sections concerned.

Minimum Wages and Related Matters

Minimum rates

Minimum rates

In calculating the rates of wages:

the weekly rate of pay for an employee will be determined by multiplying the employee’s annualised rate of pay by 6 and dividing the result by 313; and

weekly rates will be rounded to the nearest 10 cents.

Progression from Graduate of Architecture to Registered Architect

There must be an annual review process to assist the Graduate of Architectures’ progress towards obtaining the mandatory experience based on the Prescribed Competencies for registration. The Prescribed Competencies are set out in the National Competency Standards in Architecture adopted by the Architects Accreditation Council of Australia.

As a part of this review process, progress for the previous 12 months must be reviewed and objectives for the next 12 month period should be mutually agreed, and set out in writing. This will also include any necessary training which the employee will be expected to undertake in order to fulfil the requirements of their position. The cost of approved training will be paid by the employer.

If the employee has reasonably met the objectives arising out of the annual review process, this must be confirmed in writing by the employer to the employee and the employee must progress to the next pay point within the Level 1 wage range.

The Prescribed Competencies against which the experience is to be documented are as follows:

Registered Architect

A Registered Architect will move from the Entry to the 1st and 2nd pay point rates upon the demonstration of acquisition of competencies as set out in the National Competency Standards in Architecture adopted by the Architects Accreditation Council of Australia in addition to those accepted for advancement to the current classification level.

To assist the Registered Architect to progress towards the acquisition of competencies there must be an annual review process. As a part of this, progress for the previous 12 months must be reviewed and objectives for the next 12 months should be mutually agreed and set out in writing. This will also include any necessary training which the employee will be expected to undertake in order to fulfil the requirements of their position. The cost of necessary training must be paid by the employer.

If the employee has reasonably met the objectives arising out of the annual review process, this must be confirmed in writing by the employer to the employee and the employee will progress to the next pay point within the Registered Architect wage range.

Students of Architecture

Students of Architecture under 21 years of age will be paid the following percentage of the entry rate Graduate of Architecture rate of payment:

Service

% of Level 1—Entry rate

First 13 weeks of employment

35

Next 13 weeks of employment

50

Next 26 weeks of employment

65

2nd year of experience

70

3rd year of experience

75

Students of Architecture 21 years of age and over will be paid the following minimum rate or percentage of the first year Graduate of Architecture rate of payment:

Service

Minimum rate or % of Level 1—Entry rate

Less than 3 years of experience

$740.80 per week

3rd year of experience

75%

Employees holding a Bachelor’s Degree with a pathway to a Master of Architecture will be paid the following minimum rate or percentage of the first year Graduate of Architecture rate of payment:

Service

Percentage of Level 1—Entry rate

1st year of experience

85%

2nd year of experience

90%

3rd year of experience

95%

Definition of Service—refers to the total number of weeks of employment and years of experience under the supervision of a Registered Architect, whether undertaken for a single employer or many employers.

Calculation of Service—for the purpose of the calculation of service, week of employment and a year of experience are defined as follows:

Statement of Service—upon the termination of service with a particular employer the Student of Architecture must be provided with a Statement of Service. The Statement of Service must contain the dates of the commencement and termination of employment and the total number of weeks/months/years of employment.

Employment will be under the supervision of a Registered Architect.

A formal record of employment signed by each employer as applicable must be maintained by the student.

Student or graduate study leave

A Graduate of Architecture must after due notification to the employer be allowed leave of absence with pay to attend courses, study for and attend the Architectural Practice Examination (APE) which comply with the Architects Registration Board’s Requirements. The duration of which is not to exceed 4 days maximum time for study and attendance at written and/or interview based examinations for each APE examination period for which they present.

A student must after due notification to the employer be allowed leave of absence with pay to attend examinations held by the education institution conducting the student’s course of study held during the scheduled formal examination period at the conclusion of a semester. The duration of which is not to exceed one day maximum time for each examination for which they present.

A student will, after mutual agreement with the employer, be allowed:

Disclosure of qualifications

An employee who is employed in or who is an applicant for employment covered by this award will, if and when required to do so by their employer or an employer or potential employer, produce written evidence that they are registered or have achieved academic qualification in an approved course, as the case may be.

Where an employee has failed to produce such evidence and they claim to be entitled to payment at a rate determined by this award in respect of any period in which they failed to produce that evidence, it will be a defence to the employer if the employer wishes to establish that during the said period the employer did not know and had no reason to know and had no reason to believe that the employee possessed or had acquired the qualifications of an architect or an architectural graduate as the case may be.

Training and professional development

Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

Payment on termination of employment

The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

The requirement to pay wages and other amounts under clause 14.1(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

Employers must pay to an employee the allowances the employee is entitled to under clause 15.

Vehicle allowance

Fares, travelling expenses and travelling time allowance

Where an employee is directed to work at a place other than their usual place of employment:

Except as provided in clause 15.3(c), an employee directed to work at a place away from their usual place of work which involves sleeping away from their usual place of residence must be paid an allowance equivalent to all reasonable expenses incurred.

If an employee is directed by their employer to work at an altered permanent locality of work which necessitates the employee to change their place of residence, the employer must pay an allowance equivalent to all fares as provided in clause 15.3, travelling and temporary lodging and the transport of the employee’s family effects from their then place of residence to their new place of residence. If the employee is not dismissed for misconduct or does not resign within 12 months of commencing such work, the employer must pay such fares and travelling expenses for the employee’s family and expenses of transporting their effects back to their former place of residence.

Notwithstanding the above, other suitable forms of remuneration may be mutually agreed.

Equipment and special clothing allowance

Where the employer requires an employee to provide relevant technical equipment or special clothing, the employer must reimburse the employee for the costs of purchasing such equipment.

On occasion when required for on-site use, the employer must pay an allowance equivalent to the cost of necessary protective clothing.

The provisions of clause 15.4(a) and (b) do not apply where the employer supplies such equipment and special clothing without cost to the employee.

Superannuation

Superannuation legislation

Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

The rights and obligations in these clauses supplement those in superannuation legislation.

Employer contributions

Voluntary employee contributions

Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 16.2.

An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

The employer must pay the amount authorised under clauses 16.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 16.3(a) or (b) was made.

Superannuation fund

Prime Super;

Tasplan;

Statewide Superannuation Pty Ltd;

any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

a superannuation fund or scheme which the employee is a defined benefit member of.

Overtime

Overtime

An employer must compensate an employee for all time worked in excess of or outside the spread of ordinary hours by:

payment for such excess hours at the rate of 150% of the minimum hourly rate; or

by such other arrangements as may be agreed so long as the arrangement is not entered into for the purpose of avoiding award obligations, does not result in unfairness to the employee and is recorded in accordance with clause 17.3.

Time off instead of payment for overtime

An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

Time off must be taken:

If the employee requests at any time, to be paid for overtime covered by an agreement under clause 17.2 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 17.2(b), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 17.2 will apply for overtime that has been worked.

If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 17.2 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

Agreements under clause 17 must be recorded in writing and kept as part of the time and wages records.

Leave and Public Holidays

Annual leave

Annual leave is provided for in the NES.

Annual leave loading

During a period of annual leave an employee will receive a loading of 17.5% of the minimum hourly rate which they would have been entitled to receive for their ordinary hours had they not been on leave.

The loading prescribed in clause 18.2(a) will not apply to pro rata leave or proportionate leave on termination.

Excessive leave accruals: general provision

An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.

If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

Clause 18.4 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

Clause 18.5 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

Excessive leave accruals: direction by employer that leave be taken

If an employer has genuinely tried to reach agreement with an employee under clause 18.3(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

However, a direction by the employer under clause 18.4(a):

The employee must take paid annual leave in accordance with a direction under clause 18.4(a) that is in effect.

An employee to whom a direction has been given under clause 18.4(a) may request to take a period of paid annual leave as if the direction had not been given.

Excessive leave accruals: request by employee for leave

If an employee has genuinely tried to reach agreement with an employer under clause 18.3(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

However, an employee may only give a notice to the employer under clause 18.5(a) if:

A notice given by an employee under clause 18.5(a) must not:

An employee is not entitled to request by a notice under clause 18.5(a) more than 4 weeks’ paid annual leave in any period of 12 months.

The employer must grant paid annual leave requested by a notice under clause 18.5(a).

Annual leave in advance

An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

An agreement must:

The employer must keep a copy of any agreement under clause 18.6 as an employee record.

If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 18.6, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Cashing out of annual leave

Paid annual leave must not be cashed out except in accordance with an agreement under clause 18.7.

Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 18.7.

An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

An agreement under clause 18.7 must state:

An agreement under clause 18.7 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

The employer must keep a copy of any agreement under clause 18.7 as an employee record.

Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

Community service leave

Community service leave is provided for in the NES.

Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

Public holidays

Public holidays are provided for in the NES.

Substitution of public holidays by agreement

An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

All work performed on a public holiday will be deemed to be work in excess or outside of normal hours of duty and will be paid or compensated for as per clause 17Overtime.

Part-day public holidays

Consultation and Dispute Resolution

Consultation about major workplace change

If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

give notice of the changes to all employees who may be affected by them and their representatives (if any); and

discuss with affected employees and their representatives (if any):

commence discussions as soon as practicable after a definite decision has been made.

For the purposes of the discussion under clause 24.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

their nature; and

their expected effect on employees; and

any other matters likely to affect employees.

Clause 24.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 24.1(b).

In clause 24 significant effects, on employees, includes any of the following:

termination of employment; or

major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

loss of, or reduction in, job or promotion opportunities; or

loss of, or reduction in, job tenure; or

alteration of hours of work; or

the need for employees to be retrained or transferred to other work or locations; or

job restructuring.

Where this award makes provision for alteration of any of the matters defined at clause 24.5, such alteration is taken not to have significant effect.

Consultation about changes to rosters or hours of work

Clause 25 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

The employer must consult with any employees affected by the proposed change and their representatives (if any).

For the purpose of the consultation, the employer must:

provide to the employees and representatives mentioned in clause 25.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

The employer must consider any views given under clause 25.3(b).

Clause 25 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

Dispute resolution

Clause 26 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

If the dispute is not resolved through discussion as mentioned in clause 26.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 26.2 and 26.3, a party to the dispute may refer it to the Fair Work Commission.

The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 26.

While procedures are being followed under clause 26 in relation to a dispute:

work must continue in accordance with this award and the Act; and

an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

Clause 26.8 is subject to any applicable work health and safety legislation.

Termination of Employment and Redundancy

Termination of employment

NOTE: Sections 117 and 123 of the Act sets out requirements for notice of termination by an employer under the NES. Clause 27.1 requires an employer to give a greater minimum period of notice than that generally required under the NES.

Notice of termination or payment instead of notice by the employer

Clause 27.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

The employer must give an employee notice of termination of employment or payment instead of notice as required under sections 117(1) and 117(2) of the Act, except that the minimum period of notice is:

In clause 27.1(b) continuous service has the same meaning as in section 117 of the Act.

Notice of termination by an employee

Clause 27.2 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

An employee must give the employer at least one month’s notice of termination of employment.

If an employee who is at least 18 years old does not give the period of notice required under clause 27.2(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

If the employer has agreed to a shorter period of notice than that required under clause 27.2(b), then no deduction can be made under clause 27.2(c).

Any deduction made under clause 27.2(c) must not be unreasonable in the circumstances.

Job search entitlement

Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

The time off under clause 27.3 is to be taken at times that are convenient to the employee after consultation with the employer.

Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

Transfer to lower paid duties on redundancy

Clause 28.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

The employer may:

If the employer acts as mentioned in clause 28.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

Employee leaving during redundancy notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

The employee is entitled to receive the benefits and payments they would have received under clause 28 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

Job search entitlement

Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

If an employee is allowed time off without loss of pay of more than one day under clause 28.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

A statutory declaration is sufficient for the purpose of clause 28.3(b).

An employee who fails to produce proof when required under clause 28.3(b) is not entitled to be paid for the time off.

This entitlement applies instead of clause 27.3.

Schedule A—Classification Definitions
A.1 Level 1—Graduate of Architecture
A.1.1 The graduate entry level

A.1.2 Classification level definition

A.2 Level 2(a)—Experienced Graduate of Architecture
A.2.1 Classification level definition

A.3 Level 2(b)—Registered Architect
A.3.1 Classification level definition

Schedule B—Summary of Hourly Rates of Pay
B.1 Full-time and part-time employees

 

Ordinary hours

Overtime

 

% of minimum hourly rate

 

100%

150%

 

$

$

Level 1—Graduate of Architecture

   

Entry

26.51

39.77

1st pay point

27.91

41.87

2nd pay point

29.31

43.97

Level 2(a)—Experienced Graduate of Architecture

   

Experienced Graduate of Architecture

30.65

45.98

Level 2(b)—Registered Architect

   

Entry

30.65

45.98

1st pay point

31.59

47.39

2nd pay point

32.54

48.81

B.2 Casual employees

 

Ordinary hours

 

% of minimum hourly rate

 

125%

 

$

Level 1—Graduate of Architecture

 

Entry

33.14

1st pay point

34.89

2nd pay point

36.64

Level 2(a)—Experienced Graduate of Architecture

 

Experienced Graduate of Architecture

38.31

Level 2(b)—Registered Architect

 

Entry

38.31

1st pay point

39.49

2nd pay point

40.68

   

Schedule C—Summary of Monetary Allowances

See clause 15Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances

There are no wage-related allowances under this award.

C.2 Expense-related allowances
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 15Allowances:

Allowance

Clause

$

Payable

Vehicle allowance

15.2

0.78

per kilometre

Fares, travelling expenses and travelling time allowance—economy air travel—meal

15.3(a)(ii)

9.64

per meal period

C.2.2 Adjustment of expense-related allowances

   

Schedule D—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule E—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule F—Part-day Public Holidays
F.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
F.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

F.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
F.4 This schedule is not intended to detract from or supplement the NES.

Schedule X—Additional Measures During the COVID-19 Pandemic
X.1 Subject to clauses X.2.1(d) and X.2.2(c), Schedule X operates from 8 April 2020 until 30 June 2020. The period of operation can be extended on application.
X.2 During the operation of Schedule X, the following provisions apply:
X.2.1 Unpaid pandemic leave

X.2.2 Annual leave at half pay

NOTE 1: A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2: Under section 340(1) of the Act, an employer must not take adverse action against an employee because the employee has a workplace right, has or has not exercised a workplace right, or proposes or does not propose to exercise a workplace right, or to prevent the employee exercising a workplace right. Under section 342(1) of the Act, an employer takes adverse action against an employee if the employer dismisses the employee, injures the employee in his or her employment, alters the position of the employee to the employee’s prejudice, or discriminates between the employee and other employees of the employer.

NOTE 3: Under section 343(1) of the Act, a person must not organise or take, or threaten to organise or take, action against another person with intent to coerce the person to exercise or not exercise, or propose to exercise or not exercise, a workplace right, or to exercise or propose to exercise a workplace right in a particular way.