Architects Award 2010

Architects Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 21 June 2017 (PR592179,PR592335).

Clause(s) affected by the most recent variation(s):

15Minimum wages

16Allowances

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/257;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/15

Table of Contents

[Varied by PR991588,PR994517,PR532630,PR544519,PR546288,PR557581,PR573679,PR582964]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

8. Facilitative provisions

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

Part 3—Types of Employment and Termination of Employment

11. Employment categories

12. Termination of employment

13. Redundancy

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. Accident pay

18. Superannuation

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

Part 6—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave and compassionate leave

22. Community service leave

23. Public holidays

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—2016 Part-day Public Holidays

Schedule D—Agreement to Take Annual Leave in Advance

Schedule E—Agreement to Cash Out Annual Leave

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

8. Facilitative provisions

1. Title

This award is the Architects Award 2010.

2. Commencement and transitional

[Varied by PR991588,PR542199]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A The arrangements in Schedule A deal with:

    ●minimum wages and piecework rates

    ●casual or part-time loadings

    ●Saturday,Sunday,public holiday,evening or other penalties

    ●shift allowances/penalties.

[2.4 varied by PR542199 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542199 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542199 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

    (a) on its own initiative;or

    (b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

    (c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

    (d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR994517,PR997772,PR503725,PR546060]

3.1 In this award,unless the contrary intention appears:

    Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994517 from 01Jan10]

    agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

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

    award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of default fund employee inserted by PR546060 ppc 01Jan14]

    default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR546060 ppc 01Jan14]

    defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503725 ppc 01Jan11]

    Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503725 ppc 01Jan11]

    Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR997772 from 01Jan10]

    employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR997772 from 01Jan10]

    employer means national system employer within the meaning of the Act

    enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of exempt public sector superannuation scheme inserted by PR546060 ppc 01Jan14]

    exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    experienced Graduate of Architecture is a Graduate of Architecture who is performing the duties as defined for Level 2(a)—Experienced Graduate of Architecture in clause 15Minimum wages

    Graduate of Architecture means an employee who holds an Approved Qualification under the eligibility requirements for admission to the Architectural Practice Examination (APE) for registration as an Architect under Australian legislation

[Definition of MySuper product inserted by PR546060 ppc 01Jan14]

    MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

    NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of on-hire inserted by PR994517 from 01Jan10]

    on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

    standard rate means the minimum annual salary for Level 1—Graduate of Architecture—Entry in clause 15Minimum wages

    student of architecture is an employee who is normally enrolled full-time in a course of architecture and who is employed to gain experience in the practice of architecture

[Definition of transitional minimum wage instrument inserted by PR994517 from 01Jan10]

    transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

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

4. Coverage

[Varied by PR994517]

4.1 This award covers employers of architects throughout Australia with respect to their employees in the classifications in this award in clause 15Minimum wages and those employees to the exclusion of any other modern award.

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

4.3 The award does not cover an employee excluded from award coverage by the Act.

4.4 The award does not cover 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.

[New 4.5 inserted by PR994517 from 01Jan10]

4.5 The award does not cover 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.

[4.6 inserted by PR994517 from 01Jan10]

4.6 This award covers any employer which supplies on-hire employees in classifications set out in clause 4.1 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. This subclause operates subject to the exclusions from coverage in this award.

[4.5 renumbered as 4.7 by PR994517 from 01Jan10]

4.7 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.

5. Access to the award and the National Employment Standards

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

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

[Varied by PR542199]

7.1 Notwithstanding any other provision of this award,an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

    (a) arrangements for when work is performed;

    (b) overtime rates;

    (c) penalty rates;

    (d) allowances;and

    (e) leave loading.

[7.2 varied by PR542199 ppc 04Dec13]

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.

7.3 The agreement between the employer and the individual employee must:

    (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

[7.3(b) varied by PR542199 ppc 04Dec13]

    (b) result in the employee being better off overall at the time the agreement is made than the employee would have been if no individual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

    (a) be in writing,name the parties to the agreement and be signed by the employer and the individual employee and,if the employee is under 18 years of age,the employee’s parent or guardian;

    (b) state each term of this award that the employer and the individual employee have agreed to vary;

    (c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

    (d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment;and

    (e) state the date the agreement commences to operate.

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

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures,including translation into an appropriate language,to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

[7.8(a) varied by PR542199 ppc 04Dec13]

    (a) by the employer or the individual employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

    (b) at any time,by written agreement between the employer and the individual employee.

[Note inserted by PR542199 ppc 04Dec13]

    Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the employee or the employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

[New 7.9 inserted by PR542199 ppc 04Dec13]

7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a),subject to four weeks’notice of termination.

[7.9 renumbered as 7.10 by PR542199 ppc 04Dec13]

7.10 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between an employer and an individual employee contained in any other term of this award.

8. Facilitative provisions

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

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

8.3 Facilitation by individual agreement

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

    (b) 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.

    (c) Facilitative provisions by individual agreement in this award are contained in the following clauses:

    Clause title

    Clause number

    Student or graduate study leave

    15.5

    Fares,travelling expenses and travelling time allowance

    16.2

    Overtime

    19.2

8.4 Facilitation by majority agreement

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

    (b) 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.

    (c) Facilitative provisions by majority agreement in this award are contained in the following clauses:

    Clause title

    Clause number

    Ordinary hours of work and rostering

    19

    Substitution of public holidays by agreement

    23.2

   

Part 2—Consultation and Dispute Resolution

9. Consultation

10. Dispute resolution

9. Consultation

[9—Consultation regarding major workplace change renamed and substituted by PR546288 ppc 01Jan14]

9.1 Consultation regarding major workplace change

    (a) Employer to notify

      (i) Where an employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must notify the employees who may be affected by the proposed changes and their representatives,if any.

      (ii) Significant effects include termination of employment;major changes in the composition,operation or size of the employer’s workforce or in the skills required;the elimination or diminution of job opportunities,promotion opportunities or job tenure;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

    (b) Employer to discuss change

      (i) The employer must discuss with the employees affected and their representatives,if any,the introduction of the changes referred to in clause 9.1(a),the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

      (ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 9.1(a).

      (iii) For the purposes of such discussion,the employer must provide in writing to the employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

9.2 Consultation about changes to rosters or hours of work

    (a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work,the employer must consult with the employee or employees affected and their representatives,if any,about the proposed change.

    (b) The employer must:

      (i) provide to the employee or employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the employee or employees affected and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.

    (c) The requirement to consult under this clause does not apply where an employee has irregular,sporadic or unpredictable working hours.

    (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

10. Dispute resolution

[Varied by PR542199]

10.1 In the event of a dispute about a matter under this award,or a dispute in relation to the NES,in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute,the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

[10.2 varied by PR542199 ppc 04Dec13]

10.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace,and all appropriate steps under clause 10.1 have been taken,a party to the dispute may refer the dispute to the Fair Work Commission.

[10.3 varied by PR542199 ppc 04Dec13]

10.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation,conciliation and consent arbitration.

[10.4 varied by PR542199 ppc 04Dec13]

10.4 Where the matter in dispute remains unresolved,the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

10.5 An employer or employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

10.6 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an employee must not unreasonably fail to comply with a direction by the employer to perform work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

11. Employment categories

12. Termination of employment

13. Redundancy

11. Employment categories

[Varied by PR532199]

11.1 Full-time and part-time employment

    (a) 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.

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

[11.1(c) substituted by PR532199 ppc 07Dec12]

    (c) A part-time employee will be paid an amount equal to 1/38th of the weekly wage appropriate to an employee classification per hour.

    (d) 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.

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

11.2 Casual employment

    (a) A casual employee is one engaged and paid as such.

    (b) A casual employee for working ordinary time must be paid 1/38th per hour of the weekly rate calculated from the annual wage prescribed by this award for the work performed,plus 25%.

    (c) An employee not specifically engaged as a casual employee will be deemed to be employed by the week.

12. Termination of employment

[Varied by PR994517,PR532199]

[12.1 varied by PR994517 from 01Jan10,PR532199 ppc 07Dec12]

12.1 Notice of termination is provided for in the NES. Instead of s.117(3) of the Act,in order to terminate the employment of an employee the employer must give the employee one month’s notice except where the NES provides a longer period of notice.

12.2 Notice of termination by an employee

    The notice of termination required to be given by an employee is one month. If an employee fails to give the required notice the employer may withhold from the employee any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

12.3 Job search entitlement

    Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

13. Redundancy

[Varied by PR994517,PR503725,PR561478]

13.1 Redundancy pay is provided for in the NES.

13.2 Transfer to lower paid duties

    Where an employee is transferred to lower paid duties by reason of redundancy,the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may,at the employer’s option,make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

13.3 Employee leaving during notice period

    An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice,but is not entitled to payment instead of notice.

13.4 Job search entitlement

    (a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

    (b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment,the employee must,at the request of the employer,produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

    (c) This entitlement applies instead of clause 12.3.

13.5 Transitional provisions –NAPSA employees

[13.5 renamed by PR503725;deleted by PR561478 ppc 05Mar15]

13.6 Transitional provisions –Division 2B State employees

[13.6 inserted by PR503725;deleted by PR561478 ppc 05Mar15]

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. Accident pay

18. Superannuation

14. Classifications

14.1 Wages,classification and progression

    An employee on engagement,must be advised in writing of their wage and any normal practice as regards remuneration reviews,where such remuneration is in excess of award prescription. Upon 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.

14.2 Classification level definition

    The classification definitions in Schedule B will apply.

15. Minimum wages

[Varied by PR997984,PR509110,PR522941,PR532199,PR536744,PR551667,PR566757,PR579860,PR592179]

15.1 The minimum annual wages payable for employment in the occupation of an architect or upon work of a kind which would normally be performed by an architect must be:

    (a) Minimum annual wages

[15.1(a) varied by PR997984,PR509110,PR522941,PR536744,PR551667,PR566757,PR579860,PR592179 ppc 01Jul17]

    Classification

     

    Per annum

      

    $

    Level 1

    Graduate of Architecture

     
     

    Entry

    49,295

     

    1st pay point

    51,901

     

    2nd pay point

    54,506

    Level 2(a)

    Experienced Graduate of Architecture

    56,991

    Level 2(b)

    Registered Architect

     
     

    Entry

    56,991

     

    1st pay point

    58,753

     

    2nd pay point

    60,517

[15.1(b) substituted by PR532199 ppc 07Dec12]

    (b) In calculating the rates of wages:

      (i) the amounts will be taken to the nearest ten cents on weekly rates;

      (ii) 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.

15.2 Progression from Graduate of Architecture to Registered Architect

    (a) In furtherance of the Graduate of Architectures’progress towards the obtaining of the mandatory experience based on the Prescribed Competencies for registration,there must be an annual review process. 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 such approved training will be borne by the employer.

    (b) If the employee has reasonably met the objectives arising out of the annual review 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.

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

      (i) Element 2.2.2—Prepare architectural drawings with regard to the location,extent of building elements,components,finishes,fittings and systems.

      (ii) Element 2.2.4—Co-ordinate the documentation of the project.

      (iii) Element 3.1.2—Establish site conditions,site related requirements and limitations and existing facilities.

      (iv) Element 3.1.4—Assess applicable codes,regulations and legislation.

      (v) Element 3.2.3—Prepare preliminary project evaluations,programs and feasibility studies.

      (vi) Element 3.2.5—Establish and co-ordinate specialist consultants,contractors and suppliers.

      (vii) Element 3.3.1—Administer the project contract.

15.3 Registered Architect

    (a) A Registered Architect will move from the entry to the first and second 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.

    (b) In furtherance of the Registered Architects’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 such training must be borne by the employer.

    (c) 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.

15.4 Students of Architecture

    (a) 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

    4th year of experience

    85

    5th year of experience

    90

    6th year of experience

    95

[15.4(b) varied by PR997984,PR509110,PR522941,PR536744,PR551667,PR566757,PR579860,PR592179 ppc 01Jul17]

    (b) 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

    $694.90

    3rd year of experience

    75%

    4th year of experience

    85%

    5th year of experience

    90%

    6th year of experience

    95%

    (c) 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.

[15.4(d) substituted by PR532199 ppc 07Dec12]

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

      (i) Week of employment in the case of an employee who is a full-time student means a 38 hour working week at 7.6 hours per day or the equivalent thereof. A week of employment in the case of an employee who is a part-time student means a minimum of a 30 hour week or the equivalent thereof.

      (ii) A year of experience means a minimum of 30 hours per week or the equivalent thereof over a 12 month period.

      (iii) An employee’s absence on annual leave,personal/carer’s leave,and public holidays must be included in the calculation of service.

    (e) 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.

    (f) Employment will be under the supervision of a Registered Architect.

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

15.5 Student or graduate study leave

    (a) 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 four days maximum time for study and attendance at written and/or interview based examinations for each APE examination period for which they present.

    (b) 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.

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

      (i) to attend lectures and/or organised classes at a university part-time or other institution as part of a course of instruction as conducted pursuant to the above which are necessary to enable the employee to qualify as a Graduate of Architecture;and

      (ii) to attend a full-time course of architectural education accredited by an Architect’s Registration Board,provided that where the duration of such course,unified series of lectures or classes exceeds a total of three weeks in any one year. The employer will be entitled to grant such leave without pay.

15.6 Disclosure of qualifications

    (a) 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.

    (b) 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.

15.7 Training and professional development

    Where the conference,seminar,or course has been approved the employer must reimburse employee costs and must continue the payment of wages to the employee. Reimbursement under this subclause will not apply where the employee and the employer mutually agree on other equivalent arrangements. Provided that in all cases where permission to attend has been granted,the employee will suffer no loss of continuity of service as a result of such attendance.

16. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR998087,PR509231,PR523061,PR536864,PR551787,PR566888,PR579583,PR592335]

16.1 Vehicle allowance

[16.1 varied by PR523061,PR536864,PR551787 ppc 01Jul14]

    Where an employee is required or it is necessary for an employee to use their private vehicle for work purposes the employee must be reimbursed at a rate not less than $0.78 per kilometre travelled.

16.2 Fares,travelling expenses and travelling time allowance

    (a) If an employee is directed to work at a place other than their usual place of employment,an allowance equivalent to all fares necessarily incurred by them each day in excess of the normal fares of travelling from their home to their usual place of employment and return must be paid by the employer.

[16.2(b) varied by PR998087,PR509231,PR523061,PR536864,PR551787,PR566888,PR579583,PR592335 ppc 01Jul17]

    (b) If an employee is directed to work at a place other than their usual place of employment the allowance which will be payable will be such as to enable them to avail themselves of appropriate travel arrangements. In the case of economy air travel an allowance of $9.15 must be paid for each meal period occurring during the duration of the travel provided the employee did not receive a meal in flight for each period concerned.

    (c) Where an employee is directed to work at a place other than their usual place of employment,all time occupied by them on any day in travelling which is in excess of the time normally occupied by them in travelling when working at their usual place of employment will be deemed to be working time and must be paid for at the appropriate rate prescribed by this award. Provided that where the excess travelling time is in excess of one hour each way,the employer will have the option of providing reasonable living away from home expense reimbursement for any period in excess of four weeks.

    (d) Except as provided in clause 16.2(e) hereof,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.

    (e) If an employee is directed by their employer to work at an altered permanent locality of work which necessitates the employee changing their place of residence,the employer must pay an allowance equivalent to all fares as provided in this clause,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.

    (f) Notwithstanding the above other suitable forms of remuneration may be mutually agreed.

16.3 Equipment and special clothing allowance

    (a) Where the employer requires an employee to provide and use a drawing board,paraline or drafting machine,paper,pencils,leads,colours,inks and wearable parts of pen and pencils,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.

    (b) The provisions of clause 16.3(a) must not apply where the employer supplies such equipment and special clothing without cost to the employee.

16.4 Adjustment of expense related allowances

    (a) At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

    (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Vehicle allowance

    Private motoring sub-group

    Meal allowance

    Take away and fast foods sub-group

   

17. Accident pay

[Varied by PR994517,PR503725;deleted by PR561478 ppc 05Mar15]

18. Superannuation

[Varied by PR994517,PR546060]

18.1 Superannuation legislation

    (a) 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.

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

18.2 Employer contributions

    An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

18.3 Voluntary employee contributions

    (a) 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 18.2.

    (b) 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.

    (c) The employer must pay the amount authorised under clauses 18.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or (b) was made.

18.4 Superannuation fund

[18.4 varied by PR994517 from 01Jan10]

    Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 18.2 and pay the amount authorised under clauses 18.3(a) or (b) to one of the following superannuation funds or its successor:

    (a) Prime Super;

    (b) Tasplan;

    (c) Statewide Superannuation Pty Ltd;

[18.4(d) varied by PR546060 ppc 01Jan14]

    (d) 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 scheme;or

[18.4(e) inserted by PR546060 ppc 01Jan14]

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

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

19. Ordinary hours of work and rostering

[Varied by PR994517,PR585791]

[Paragraph numbered as 19.1 by PR994517 from 01Jan10]

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

19.2 Overtime

[19.1 renumbered as 19.2 by PR994517 from 01Jan10;19.2 substituted by PR585791 ppc14Dec16]

    An employer must compensate an employee for all time worked in excess of normal hours of duty by:

    (a) payment for such excess hours at the rate of time and a half;or

    (b) 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 19.4.

19.3 Time off instead of payment for overtime

[New 19.3 inserted by PR585791 ppc14Dec16]

    (a) 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.

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

      EXAMPLE:By making an agreement under clause 19.3 an employee who worked 2 overtime hours at the rate of time and a half is entitled to 3 hours’time off.

    (c) Time off must be taken:

      (i) within the period of 6 months after the overtime is worked;and

      (ii) at a time or times within that period of 6 months agreed by the employee and employer.

    (d) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 19.3 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.

    (e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (c),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.

    (f) 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.

    (g) 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 19.3 will apply for overtime that has been worked.

      Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

    (h) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 19.3 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.3.

[19.2 renumbered as 19.3 by PR994517;19.3 renumbered as 19.4 by PR585791 ppc14Dec16]

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

Part 6—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave and compassionate leave

22. Community service leave

23. Public holidays

20. Annual leave

[Varied by PR994517,PR582964,PR588743]

[Paragraph numbered as 20.1 by PR994517 from 01Jan10]

20.1 Annual leave is provided for in the NES.

20.2 Excessive leave accruals:general provision

[20.1 renumbered as 20.2 by PR994517 from 01Jan10;renamed and substituted by PR588743 ppc 20Dec16]

    Note:Clauses 20.2 to 20.4 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

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

    (b) 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.

    (c) Clause 20.3 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

    (d) Clause 20.4 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

20.3 Excessive leave accruals:direction by employer that leave be taken

[New 20.3 inserted by PR588743 ppc 20Dec16]

    (a) If an employer has genuinely tried to reach agreement with an employee under clause 20.2(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.

    (b) However,a direction by the employer under paragraph (a):

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.2,20.3 or 20.4 or otherwise agreed by the employer and employee) are taken into account;and

      (ii) must not require the employee to take any period of paid annual leave of less than one week;and

      (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

      (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

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

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

    Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 20.3(b)(i).

    Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

20.4 Excessive leave accruals:request by employee for leave

[New 20.4 inserted by PR588743 ppc 20Dec16]

    (a) Clause 20.4 comes into operation from 20 December 2017.

    (b) If an employee has genuinely tried to reach agreement with an employer under clause 20.2(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.

    (c) However,an employee may only give a notice to the employer under paragraph (b) if:

      (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

      (ii) the employee has not been given a direction under clause 20.3(a) that,when any other paid annual leave arrangements (whether made under clause 20.2,20.3 or 20.4 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

    (d) A notice given by an employee under paragraph (b) must not:

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.2,20.3 or 20.4 or otherwise agreed by the employer and employee) are taken into account;or

      (ii) provide for the employee to take any period of paid annual leave of less than one week;or

      (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

      (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

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

    (f) The employer must grant paid annual leave requested by a notice under paragraph (b).

20.5 Annual leave loading

[20.2 renumbered as 20.3 by PR994517;20.3 renumbered as 20.5 by PR588743 ppc 20Dec16]

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

    (b) The loading prescribed in this subclause will not apply to pro rata leave or proportionate leave on termination.

20.6 Annual leave in advance

[20.4 inserted by PR582964 ppc 29Jul16;renumbered as 20.6 by PR588743 ppc 20Dec16]

    (a) 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.

    (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

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

      Note:An example of the type of agreement required by clause 20.6 is set out at Schedule D. There is no requirement to use the form of agreement set out at Schedule D.

    (c) The employer must keep a copy of any agreement under clause 20.6 as an employee record.

    (d) 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 20.6,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.

20.7 Cashing out of annual leave

[20.5 inserted by PR582964 ppc 29Jul16;renumbered as 20.7 by PR588743 ppc 20Dec16]

    (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.7.

    (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.7.

    (c) 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.

    (d) An agreement under clause 20.7 must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

    (e) An agreement under clause 20.7 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.

    (f) 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.

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

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

    (i) The employer must keep a copy of any agreement under clause 20.7 as an employee record.

    Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 20.7.

    Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.7.

    Note 3:An example of the type of agreement required by clause 20.7 is set out at Schedule E. There is no requirement to use the form of agreement set out at Schedule E.

21. Personal/carer’s leave and compassionate leave

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

22. Community service leave

Community service leave is provided for in the NES.

23. Public holidays

[Varied by PR994517]

[Paragraph numbered as 23.1 by PR994517 from 01Jan10]

23.1 Public holidays are provided for in the NES.

[23.1 renumbered as 23.2 by PR994517 from 01Jan10]

23.2 Substitution of public holidays by agreement

    (a) An employer and their employees may agree to substitute another day for any of the public holidays provided for in s.115 of the Act. For this purpose,the consent of the majority of affected employees will constitute agreement.

    (b) 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 19.2.

Schedule A—Transitional Provisions

[Varied by PR991588,PR503725]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

    (a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

    (b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

    (c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

    (d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

    (a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

    (b) a piecework rate;and

    (c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

    For the purposes of this schedule loading or penalty means a:

    ●casual or part-time loading;

    ●Saturday,Sunday,public holiday,evening or other penalty;

    ●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

    (a) was obliged,

    (b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

    (c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

    by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

    First full pay period on or after

     

    1 July 2010

    80%

    1 July 2011

    60%

    1 July 2012

    40%

    1 July 2013

    20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

    First full pay period on or after

     

    1 July 2010

    20%

    1 July 2011

    40%

    1 July 2012

    60%

    1 July 2013

    80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014

A.8 Former Division 2B employers

[A.8 inserted by PR503725 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classifications

[Varied by PR991588]

B.1 Level 1—Graduate of Architecture

B.1.1 The graduate entry level

    The graduate undertakes initial professional architectural tasks of limited scope and complexity,such as minor phases of broader assignments,in office and site work.

B.1.2 Classification level definition

    (a) Under supervision from higher-level professionals as to the method of approach and requirements,the graduate performs normal professional work and exercises individual judgment and initiative in the application of architectural principles,techniques and methods.

    (b) In assisting more senior professionals by carrying out tasks requiring accuracy and adherence to prescribed methods of architectural analysis or design,the graduate draws upon advanced techniques and methods learned during and after the undergraduate course.

    (c) Training,development and experience using a variety of standard architectural principles and procedures enable the graduate to develop increasing professional judgment and apply it progressively to more difficult tasks at Level 2.

    (d) Decisions are related to tasks performed,relying upon precedent or defined procedures for guidance. Recommendations are related to the solution of problems in connection to the tasks performed.

    (e) Work is reviewed by higher-level professionals for validity,adequacy,methods and procedures. With professional development and experience,work receives less review,and the graduate progressively exercises more individual judgment until the level of competence at Level 2(a) is achieved.

B.2 Level 2(a)—Experienced Graduate of Architecture

B.2.1 Classification level definition

    Following development through Level 1,an Experienced Graduate of Architecture plans and conducts professional architectural work without detailed supervision,but with guidance on unusual features and is usually engaged on more responsible architectural assignments requiring professional experience.

B.3 Level 2(b)—Registered Architect

B.3.1 Classification level definition

    Following development through Level 1,a Registered Architect plans and conducts professional architectural work without detailed supervision,but with guidance on unusual features and is usually engaged on more responsible architectural assignments requiring professional experience.

Schedule C—2016 Part-day Public Holidays

[Sched C inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863 ppc 31May16]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

C.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December 2016) or New Year’s Eve (31 December 2016) 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:

    (a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

    (b) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

    (c) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight but as a result of being on annual leave does not work,they will be taken not to be on annual leave between those hours of 7.00 pm and midnight that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

    (d) Where a part-time or full-time employee is usually rostered to work ordinary hours between 7.00 pm and midnight,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

    (e) Excluding annualised salaried employees to whom clause C.1(f) applies,where an employee works any hours between 7.00 pm and midnight they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

    (f) Where an employee is paid an annualised salary under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked between 7.00 pm and midnight.

    (g) An employee not rostered to work between 7.00 pm and midnight,other than an employee who has exercised their right in accordance with clause C.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

This schedule is not intended to detract from or supplement the NES.

This schedule is an interim provision and subject to further review.

Schedule D—Agreement to Take Annual Leave in Advance

[Sched D inserted by PR582964 ppc 29Jul16]

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

[Sched E inserted by PR582964 ppc 29Jul16]

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___

About this document
(1)
Code:
MA000079
Title:
Architects Award 2010
Effective:
21 Jun 2017
Updated:
26 Jun 2017
Instrument Type:
Modern Award
(21)
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
Architects Award 2010
(10)
(1)
1 Dec 2015
(23)
1.0.10.0