Architects Award 2010

The above award was first made on 4 September 2009 [PR988939]

This consolidated version of the award includes variations made on 16 December 2009 [PR991588]; 12 March 2010 [PR994517]; 4 June 2010 [PR997772]; 21 June 2010 [PR998087]; 21 June 2010 [PR997984]; 6 December 2010 [PR503725]; 20 June 2011 [PR509110]; 21 June 2011 [PR509231]; 18 June 2012 [PR522941]; 19 June 2012 [PR523061]; 11 December 2012 [PR532199] ; 21 December 2012 [PR532630]; 19 June 2013 [PR536744]; 20 June 2013 [PR536864]

Applications for Review of award: AM2012/18; AM2012/134; AM2012/221

Table of Contents

[Varied by PR991588, PR994517, PR532630]

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 regarding major workplace change

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 - 2012 Part-day public holidays

Part 1 - Application and Operation

1.              Title

This award is the Architects Award 2010.

2.              Commencement and transitional

[Varied by PR991588]

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              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, Fair Work Australia may make any order it considers appropriate to remedy the situation.

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

2.6              Fair Work Australia 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]

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 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)

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 15 - Minimum 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

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 15 - Minimum 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 15 - Minimum 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 and 4.6 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              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

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              The employer and the individual employee must have genuinely made the agreement without coercion or duress.

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

(b)              result in the employee being better off overall 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:

(a)              by the employer or the individual employee giving four 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.

7.9              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:

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:

Part 2 - Consultation and Dispute Resolution

9.              Consultation regarding major workplace change

9.1              Employer to notify

(a)              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.

(b)              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.

9.2              Employer to discuss change

(a)              The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 9.1, 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.

(b)              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.

(c)              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.

10.              Dispute resolution

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              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 Fair Work Australia.

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

10.4              Where the matter in dispute remains unresolved, Fair Work Australia 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

[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]

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 ppc 01Jan11]

(a)              Subject to clause 13.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a notional agreement preserving a State award:

[13.5(a)(i) substituted by PR994517 from 01Jan10]

(i)              that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the notional agreement preserving a State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 13.5 ceases to operate on 31 December 2014.

13.6              Transitional provisions - Division 2B State employees

[13.6 inserted by PR503725 ppc 01Jan11]

(a)              Subject to clause 13.6(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award:

(i)              that would have applied to the employee immediately prior to 1 January 2011, if the employee had at that time been in their current circumstances of employment and no Division 2B State employment agreement or enterprise agreement had applied to the employee; and

(ii)              that would have entitled the employee to redundancy pay in excess of the employee's entitlement to redundancy pay, if any, under the NES.

(b)              The employee's entitlement to redundancy pay under the Division 2B State award is limited to the amount of redundancy pay which exceeds the employee's entitlement to redundancy pay, if any, under the NES.

(c)              This clause does not operate to diminish an employee's entitlement to redundancy pay under any other instrument.

(d)              Clause 13.6 ceases to operate on 31 December 2014.

Part 4 - Minimum Wages and Related Matters

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]

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 ppc 01Jul13]

[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:

[15.4(b) varied by PR997984, PR509110, PR522941, PR536744 ppc 01Jul13]

(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:

(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

[Varied by PR998087, PR509231, PR523061, PR536864]

16.1              Vehicle allowance

[16.1 varied by PR523061, PR536864 ppc 01Jul13]

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 $0.76 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 ppc 01Jul13]

(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 $8.51 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:

17.              Accident pay

[Varied by PR994517, PR503725]

[17.1 varied by PR994517; substituted by PR503725 ppc 01Jan11]

17.1              Subject to clause 17.2, an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011:

(a)              if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument, enterprise agreement or Division 2B State employment agreement had applied to the employee; and

(b)              that would have entitled the employee to accident pay in excess of the employee's entitlement to accident pay, if any, under any other instrument.

[17.2 deleted by PR994517 from 01Jan10]

[17.3 and 17.4 renumbered as 17.2 and 17.3 by PR994517 from 01Jan10]

[17.2 substituted by PR503725 ppc 01Jan11]

17.2              The employee's entitlement to accident pay under the award, the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee's entitlement to accident pay, if any, under any other instrument.

17.3              This clause does not operate to diminish an employee's entitlement to accident pay under any other instrument.

[New 17.4 inserted by PR994517 from 01Jan10]

17.4              This clause ceases to operate on 31 December 2014.

18.              Superannuation

[Varied by PR994517]

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; or

(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.

Part 5 - Hours of Work and Related Matters

19.              Ordinary hours of work and rostering

[Varied by PR994517]

[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 and 19.2 renumbered as 19.2 and 19.3 by PR994517 from 01Jan10]

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

(a)              granting time off instead or by payment for such excess time within six months of it accruing. Payment for such excess time must be in accordance with clause 19.2(b);

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

(c)              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 19.3.

19.3              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

[Varied by PR994517]

[Numbered as 20.1 by PR994517 from 01Jan10]

20.1              Annual leave is provided for in the NES.

20.2              Taking of annual leave

[20.1 and 20.2 renumbered as 20.2 and 20.3 by PR994517 from 01Jan10]

(a)              The employee must be allowed to take annual leave at a time agreed with the employer, within four months after it is due. The employer and the employee may agree to extend this period to 12 months.

(b)              The employer and the employee should seek to reach agreement on the time for the taking of annual leave and the amount of annual leave to be taken at that time. Where no agreement can be reached, the employer may direct the taking of annual leave with one month's notice and the annual leave to be taken in this circumstance must not be of a period of less than two weeks.

20.3              Annual leave loading

(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.

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]

[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:

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:

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:

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:

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:

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 - 2012 Part-day public holidays

[Sched C inserted by PR532630 ppc 23Nov12]

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 2012) or New Year's Eve (31 December 2012) 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 an interim provision and subject to further review.