Architects Award 2010

Architects Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 20 August 2019 (PR711487).

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

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/257;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/8,AM2016/15

Table of Contents

[Varied by PR991588,PR994517,PR532630,PR544519,PR546288,PR557581,PR573679,PR582964,PR609401,PR610109,PR701482,PR711487]

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. Individual flexibility arrangements

8. Facilitative provisions

Part 2—Consultation and Dispute Resolution

9. Consultation about major workplace change

9A. Consultation about changes to rosters or hours of work

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

17A. Payment of wages

18. Superannuation

Part 5—Hours of Work and Related Matters

19. Ordinary hours of work and rostering

19A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave and compassionate leave

22. Community service leave

23. Public holidays

24. Leave to deal with Family and Domestic Violence

Schedule A—Transitional Provisions

Schedule B—Classifications

Schedule C—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. Individual flexibility arrangements

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. Individual flexibility arrangements

[Varied by PR542199;7—Award flexibility renamed and substituted by PR711487 ppc 30Aug19]

7.1 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:

    (a) arrangements for when work is performed;or

    (b) overtime rates;or

    (c) penalty rates;or

    (d) allowances;or

    (e) annual leave loading.

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

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

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

    (a) give the employee a written proposal;and

    (b) 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.

7.5 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.

7.6 An agreement must do all of the following:

    (a) state the names of the employer and the employee;and

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

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

    (d) 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

    (e) state the date the agreement is to start.

7.7 An agreement must be:

    (a) in writing;and

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

7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

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

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

7.11 An agreement may be terminated:

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

    (b) 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).

    NOTE:If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13 The right to make an agreement under clause 7 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.

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 about major workplace change

9A. Consultation about changes to rosters or hours of work

10. Dispute resolution

9. Consultation about major workplace change

[9—Consultation regarding major workplace change renamed and substituted by PR546288,9—Consultation renamed and substituted by PR711487 ppc 30Aug19]

9.1 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:

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

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

      (i) the introduction of the changes;and

      (ii) their likely effect on employees;and

      (iii) measures to avoid or reduce the adverse effects of the changes on employees;and

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

9.2 For the purposes of the discussion under clause 9.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

    (a) their nature;and

    (b) their expected effect on employees;and

    (c) any other matters likely to affect employees.

9.3 Clause 9.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

9.4 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 9.1(b).

9.5 In clause 9:

    significant effects,on employees,includes any of the following:

    (a) termination of employment;or

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

    (c) loss of,or reduction in,job or promotion opportunities;or

    (d) loss of,or reduction in,job tenure;or

    (e) alteration of hours of work;or

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

    (g) job restructuring.

9.6 Where this award makes provision for alteration of any of the matters defined at clause 9.5,such alteration is taken not to have significant effect.

9A. Consultation about changes to rosters or hours of work

[9A inserted by PR711487 ppc 30Aug19]

9A.1 Clause 9A 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.

9A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

9A.3 For the purpose of the consultation,the employer must:

    (a) provide to the employees and representatives mentioned in clause 9A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

    (b) 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.

9A.4 The employer must consider any views given under clause 9A.3(b).

9A.5 Clause 9A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

10. Dispute resolution

[Varied by PR542199;substituted by PR711487 ppc 30Aug19]

10.1 Clause 10 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

10.2 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.

10.3 If the dispute is not resolved through discussion as mentioned in clause 10.2,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.

10.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 10.2 and 10.3,a party to the dispute may refer it to the Fair Work Commission.

10.5 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.

10.6 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.

10.7 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 10.

10.8 While procedures are being followed under clause 10 in relation to a dispute:

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

    (b) 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.

10.9 Clause 10.8 is subject to any applicable work health and safety legislation.

Part 3—Types of Employment and Termination of Employment

11. Employment categories

12. Termination of employment

13. Redundancy

11. Employment categories

[Varied by PR532199,PR700544,PR700646]

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.

[11.2(d) inserted by PR700646 ppc 01Oct18]

    (d) 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.

11.3 Right to request casual conversion

[11.3 inserted by PR700544 ppc 01Oct18]

    (a) 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.

    (b) 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.

    (c) 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.

    (d) 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.

    (e) Any request under this subclause must be in writing and provided to the employer.

    (f) 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.

    (g) Reasonable grounds for refusal include that:

      (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award –that is,the casual employee is not truly a regular casual employee as defined in paragraph (b);

      (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

      (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months;or

      (iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

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

    (i) 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 10Error! Reference source not found.. 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.

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

      (i) the form of employment to which the employee will convert –that is,full-time or part-time employment;and

      (ii) if it is agreed that the employee will become a part-time employee,the employee’s hours of work fixed in accordance with clause 11.1.

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

    (l) 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.

    (m) 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 this clause.

    (n) Nothing in this clause 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.

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

    (p) An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of this subclause 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 this subclause by 1 January 2019.

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

12. Termination of employment

[Varied by PR994517,PR532199;substituted by PR711487 ppc 30Aug19]

NOTE:Sections 117 and 123 of the Act set out requirements for notice of termination by an employer under the NES. Clause 12.1requires an employer to give a greater minimum period of notice than that generally required under the NES.

12.1 Notice of termination or payment instead of notice by the employer

    (a) Clause 12.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

    (b) 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:

      (i) one month;or

      (ii) 5 weeks,if the employee is over 45 years old and has completed more than 5 years of continuous service with the employer at the end of the day the notice is given.

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

12.2 Notice of termination by an employee

    (a) Clause 12.2 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

    (c) If an employee who is at least 18 years old does not give the period of notice required under paragraph (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.

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

    (e) Any deduction made under paragraph (c) must not be unreasonable in the circumstances.

12.3 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.

12.4 The time off under clause 12.3 is to be taken at times that are convenient to the employee after consultation with the employer.

13. Redundancy

[Varied by PR994517,PR503725,PR561478;substituted by PR706903 ppc 03May19;varied by PR711487]

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

13.1 Transfer to lower paid duties on redundancy

    (a) Clause 13.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

    (b) The employer may:

      (i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or

      (ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in paragraph (c).

    (c) If the employer acts as mentioned in paragraph (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.

13.2 Employee leaving during redundancy notice period

    (a) 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.

    (b) The employee is entitled to receive the benefits and payments they would have received under clause 13 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.

    (c) 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.

13.3 Job search entitlement

    (a) 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.

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

    (c) A statutory declaration is sufficient for the purpose of paragraph (b).

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

[13.3(e) varied by PR711487 ppc 30Aug19]

    (e) This entitlement applies instead of clauses 12.3 and 12.4.

Part 4—Minimum Wages and Related Matters

14. Classifications

15. Minimum wages

16. Allowances

17. Accident pay

17A. Payment of wages

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, PR606404,PR707492]

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,PR606404,PR707492 ppc 01Jul19]

    Classification

     

    Per annum

      

    $

    Level 1

    Graduate of Architecture

     
     

    Entry

    52,551

     

    1st pay point

    55,330

     

    2nd pay point

    58,106

    Level 2(a)

    Experienced Graduate of Architecture

    60,756

    Level 2(b)

    Registered Architect

     
     

    Entry

    60,756

     

    1st pay point

    62,633

     

    2nd pay point

    64,514

[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,PR606404,PR707492 ppc 01Jul19]

    (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

    $740.80

    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,PR606557,PR704107,PR707719]

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,PR606557,PR704107,PR707719 ppc 01Jul19]

    (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 $9.64 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]

17A. Payment of wages

[17A inserted by PR610109 ppc 01Nov18]

17A.1 Payment on termination of employment

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

      (i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and

      (ii) all other amounts that are due to the employee under this award and the NES.

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

    Note 1:Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

    Note 2:Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

    Note 3:State and Territory long service leave laws or long service leave entitlements under s.113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

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

19A. Requests for flexible working arrangements

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.

19A. Requests for flexible working arrangements

[19A inserted by PR701482 ppc 01Dec18]

19A.1 Employee may request change in working arrangements

    Clause 19A applies where an employee has made a request for a change in working arrangements under s.65 of the Act.

    Note 1:Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in s.65(1A).

    Note 2:An employer may only refuse a s.65 request for a change in working arrangements on ‘reasonable business grounds’(see s.65(5) and (5A)).

    Note 3:Clause 19A is an addition to s.65.

19A.2 Responding to the request

    Before responding to a request made under s.65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

    (a) the needs of the employee arising from their circumstances;

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

    (c) any reasonable business grounds for refusing the request.

    Note 1:The employer must give the employee a written response to an employee’s s.65 request within 21 days,stating whether the employer grants or refuses the request (s.65(4)).

    Note 2:If the employer refuses the request,the written response must include details of the reasons for the refusal (s.65(6)).

19A.3 What the written response must include if the employer refuses the request

    Clause 19A.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 19A.2.

    (a) The written response under s.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.

    (b) If the employer and employee could not agree on a change in working arrangements under clause 19A.2,the written response under s.65(4) must:

      (i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

      (ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

19A.4 What the written response must include if a different change in working arrangements is agreed

    If the employer and the employee reached an agreement under clause 19A.2 on a change in working arrangements that differs from that initially requested by the employee,the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

19A.5 Dispute resolution

    Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 19A,can be dealt with under clause 10.

Part 6—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave and compassionate leave

22. Community service leave

23. Public holidays

24. Leave to deal with Family and Domestic Violence

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;substituted by PR588743 ppc 20Dec17]

    (a) 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.

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

    (c) A notice given by an employee under paragraph (a) 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.

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

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

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.

24. Leave to deal with Family and Domestic Violence

[24 inserted by PR609401 ppc 01Aug18]

24.1 This clause applies to all employees,including casuals.

24.2 Definitions

    (a) In this clause:

      family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.

      family member means:

      (i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or

      (ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or

      (iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

    (b) A reference to a spouse or de facto partner in the definition of family member in clause 24.2(a) includes a former spouse or de facto partner.

24.3 Entitlement to unpaid leave

    An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:

    (a) the leave is available in full at the start of each 12 month period of the employee’s employment;and

    (b) the leave does not accumulate from year to year;and

    (c) is available in full to part-time and casual employees.

    Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.

      2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.

24.4 Taking unpaid leave

    An employee may take unpaid leave to deal with family and domestic violence if the employee:

    (a) is experiencing family and domestic violence;and

    (b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.

    Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.

24.5 Service and continuity

    The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.

24.6 Notice and evidence requirements

    (a) Notice

      An employee must give their employer notice of the taking of leave by the employee under clause 24. The notice:

      (i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and

      (ii) must advise the employer of the period,or expected period,of the leave.

    (b) Evidence

      An employee who has given their employer notice of the taking of leave under clause 24 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 24.4.

      Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.

24.7 Confidentiality

    (a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 24.6 is treated confidentially,as far as it is reasonably practicable to do so.

    (b) Nothing in clause 24 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.

    Note: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.

24.8 Compliance

    An employee is not entitled to take leave under clause 24 unless the employee complies with clause 24.

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—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,PR598110,PR701683 ppc 21Nov18]

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 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:

    (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.

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
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Code:
MA000079
Title:
Architects Award 2010
Effective:
20 Sep 2019
Instrument Type:
Modern Award
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Architects Award 2010
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1.0.11.0 SC