The Business of Architecture*

ACA’s HR advisor Catalina Consultants has compiled a summary of changes from the Closing Loopholes legislation plus a timeline of key dates and suggested actions required. Significant changes on the horizon include right to disconnect, new laws related to independent contractors, casual employment definitions, and wage theft.

Redundancy can be a complicated process and is an area where there is extensive litigation. The ACA’s IR advisor Fair Work Lawyers takes us through the main risks associated with redundancies (and dismissals more generally) and outlines employer obligations in relation to terminations.

Given the recent Right to Disconnect legislation, what adjustments would you recommend we make in our practice to ensure compliance with the new rules? The ACA’s HR advisor Catalina Consultants outlines what the new rules mean for employers and some practical measures to aid in the promotion of a healthy work-life balance while still safeguarding productivity.

IT security is increasingly a critical part of your business plan. So, how do you own your own security and protect your business? Frances Russell from Fooforce provides valuable advice for ACA members on how to keep ahead of the cyber crooks and IP thieves.

The ACA is delighted to launch two documents to assist members with Secondment Agreements. These include a Secondment Agreement for use between two practices; and a Secondment Letter for use between the Secondee and their Employer. Available for ACA members to download today!

The ACA has developed the new Short Form Architect Consultant Agreement to facilitate a straightforward, uncomplicated legal engagement between an architectural practice (the Principal) and a consultant / contractor (the Consultant), in the form of an independent contract for services. Note the update – March 2024. Download the updated Agreement today!

The 2023 Federal Industrial Award pay rates have been updated and are applicable from 1 July 2023. ACA members can log in to access award pay rates relevant to architectural practice today!

Through ACA’s continued partnership with Niche Media, we are delighted to offer ACA members a complimentary annual digital subscription to the Architectural Review (AR) Magazine.

The Australian Construction Industry Forum November 2023 Forecasts are available now. ACA members have free access to the ACIF Customised Forecasts Dashboard as a member-only benefit.

ACA member practices are eligible for a 15-minute consultation each year with Catalina Consultants on a range of matters related to people management and workplace culture.

Recent anti-discrimination and Fair Work amendment legislation has introduced a number of important legislative changes specifically targeting sexual harassment in the workplace. Tom Earls from Fair Work Lawyers provides a recap of the changes and their implications for employers.

ACA members are invited to join the Employee Assistance Program (EAP) Trial, which delivers a high-quality EAP at a fraction of the cost. The EAP service is available from LifeWorks, a trusted mental health and wellbeing partner to over 15,000 organisations around the world.

The Federal government’s recent workplace relations reform legislation, first introduced six weeks ago, passed both houses of parliament and is due to come into law imminently. Tom Earls from Fair Work Lawyers provides an overview of the legislation amendments and their implications for employers.

This User Guide is a companion to the new ACA Employment Agreement Templates, offering advice on how to best use these templates within practice. Topics include pay rates, allowances, amending Schedule A, amending the contract, adding a position description and re-issuing contracts to existing employees.

The ACA is delighted to release an updated version of the Employment Agreement templates to support members. This follows a plain language review of our template employment contracts with Fair Work Lawyers to ensure they are user friendly as well as legally compliant. Download today!

On 9 November, the Fair Work Amendment (Paid Family and Domestic Violence Leave) Bill 2022 received royal assent. This legislation introduces paid family and domestic violence leave to all employees as an entitlement under the National Employment Standards. Tom Earls from Fair Work Lawyers provides the following update for ACA members.

The Association of Consulting Architects Australia will hold its 2022 Annual General Meeting online on Monday 12 December 2022 at 4.30pm AEST to approve the 2022 General Purpose Financial Report.

On 27 October, the Federal Government issued its long-awaited workplace relations reform. The document spans some 240-odd pages of dense legislation and if passed will represent some of the most significant employment reforms in well over a decade. Tom Earls from Fair Work Lawyers provides an initial review of the legislation.

The member-only special conditions available for download are designed to be incorporated into Schedule 2a of ABIC contracts. They deal with construction delays resulting from the COVID pandemic, and increases in the costs of certain building materials.

Tom Earls from Fair Work Lawyers provides an overview of the new WHS laws brought into effect in WA in March 2022. Practices need to be aware that there are potentially significant changes to the way that safety in design is dealt with under the new WHS legislation.

As the Omicron strain continues to wreak havoc across the country, Emma Avey from Fair Work Lawyers provides timely advice on workplace issues, including WHS consultation with employees, Rapid Antigen Testing, and managing leave entitlements.

Practices need to take care when collecting and storing employee vaccination data. Tom Earls answers some timely questions for ACA members about vaccination certificates, privacy and risk.

As NSW comes out of lockdown, with Victoria soon to follow, questions continue to be raised about vaccinations and workplace rules. Tom Earls from Fair Work Lawyers tackles some curly questions about vaccination status and the workplace for ACA members.

informed by Planned Cover will run the second part of its Contract Fundamentals webinar series covering Industry Pro Forma Contracts on 23 November. ACA members can access a 15% discount.

Our legal advisor, Tom Earls from Fair Work Lawyers, has provided a further timely update for ACA members on the current advice around vaccination for employers, with a focus on assessing risks and implementing control measures, third-party mandates, workplace discrimination laws, employee refusal and vaccine incentives.

At the ACA we are here to help you understand your industrial relations obligations. This FAQ article, prepared by Fair Work Lawyers, is designed to answer your commonly asked questions.

On Tuesday 14 September, informed by Planned Cover is running a national webinar on copyright, intellectual property and how to protect your work. ACA members can access a 15% discount.

Tom Earls from Fair Work Lawyers provides a timely update for ACA members on the current advice around vaccinations and the workplace.

Mecca’s upcoming CPD webinar on Wednesday 1 September will feature leading design and engineering experts presenting on Adaptive Reuse in Buildings. ACA members can access a 20% discount.

Tom Earls provides detailed analysis of employer obligations relating to casual engagements, and the key steps to take during the transitional window, which has the critical end date of 27 September 2021.

The next CPD webinar from ACA partner Mecca Events on 23 June will cover industrial manslaughter legislation with legal and work health and safety experts Tony Lawrence, Kate Elliott and Stephen Russell.

The Australian Construction Industry Forum (ACIF) has released its Construction Industry Forecast for May 2021. We have published a summary here. ACA members have free access to the full forecasts, available on the ACIF Customised Forecasts Dashboard.

Employment law does not always gel with new flexible work arrangements, but it must be considered before implementing a work-from-home system. Tom Earls from Fair Work Lawyers unpacks relevant employer obligations for ACA members.

Part self-diagnosis, part interactive, this CPD webinar will help you answer one big question – how should you grow your architecture practice this year? Listen in for insights into industry trends and critical benchmarks to help you succeed and stand out against the competition. Free for ACA members.

The COVID crisis continues to pose many challenges for employers, often involving areas of the laws that were largely unexplored until the pandemic. The next such challenge relates to employers mandating vaccines. Tom Earls explores the issues for ACA members.

The Federal government announced its long awaited workplace relations reform package on 9 December, setting the scene for industrial relations to be at the forefront of the political agenda coming into 2021. Tom Earls from Fair Work Lawyers provides a summary of the proposed legislation for ACA members.

Management for Design responds to some frequently asked questions for ACA members, covering everything from strategic plans and building a team, to resource and project management, profitability and financial control, and the critical ingredients to successful leadership.

The ACA is delighted to introduce Tom Earls of Fair Work Lawyers (FWL), who will provide principal industrial relations advisory services for ACA members.

ACA members have access to financial and business management support through an advisory service from Management for Design.

ACA member practices can access a 15-minute consultation with Fair Work Lawyers on employment matters and industrial relations issues.

ACA members have the opportunity to access 20 minutes of legal advice from one of the senior members of the Moray & Agnew team.

The ACA is delighted to release an updated and expanded suite of HR Policy Templates to support our members. Comprehensive and written in plain English by our HR advisors Catalina Consultants, the documents can be readily tailored to suit the needs of specific practices.

Tom Earls from Fair Work Lawyers summarises the findings of an important high court decision about personal leave accrual for ACA members.

The various classifications of the Clerks Award can cause confusion. Tom Earls of Fair Work Lawyers clears up some common areas of conflict.

By 1 July 2020, Victoria will introduce industrial manslaughter laws for the first time. At the same time, Australia continues its efforts to contain COVID-19, including significant restrictions on work and workplaces. Tom Earls from Fair Work Lawyers explores the issues for ACA members.

On 20 May 2020, the full bench of the Federal Court redefined what constitutes a casual worker. Michael Corrigan digs into the detail.

The ACA Architects' Time/Cost Calculator Version 3 helps practices assess the time and costs involved in providing an appropriate level of service for a broad range of building types.

Robert Peake, principal of Management for Design, offers his top tips for effective leadership with remote teams, including setting clear expectations and following through, giving trust freely, and managing achievement, not time.

Special conditions for the ABIC SW and ABIC MW contracts introduce the concept of Force Majeure. These special conditions were updated and reissued in early July 2022.

Tom Earls and David Putland from Fair Work Lawyers provide an update on key considerations for employers when circumstances force them to stand down parts of their workforce.

With COVID-19 threatening to have significant impacts on businesses and workplaces around Australia in the coming weeks and months, Tom Earls and David Putland from Fair Work Lawyers provide insights into the complex and often competing legal concepts relating to employment.

The ACA Salary Calculator provides architectural practices with a clear methodology for determining the appropriate award-compliant salaries. The calculator assists members to ensure they are operating legally and fairly, and helps practices to develop properly informed plans for the future of their business.

Special conditions allow the ABIC Commercial Basic Works Contract to be adapted for use on small residential projects in New South Wales.

Novation can create confusion for architects and builders alike. Christopher Larcos offers a legal primer to the contractual rights and obligations of a novated project.

Just three pages and a cover letter, the ACA Short Form Client Architect Agreement is a fair and balanced model contract for use on small- to medium-sized projects. Updated December 2023.

The findings of the 2018 National Salary Survey, with analysis by Dr Gill Matthewson, are now out. There is still a gender pay gap and some practices persist in paying under Award minimums!

The ACA Guide IFA Agreement provides member practices with a guide document to review and adjust to suit their particular practice.

The ACA provides new Guide Agreements to assist members meet their obligations under recent changes to the Architects Award.

The findings of the 2017 National Salary Survey, with analysis by Dr Gill Matthewson, are now out - salaries are up very slightly, but worrying trends continue for the third year. There is still a gender pay gap and some practices persist in paying under Award minimums!

The ACA's Safe Design Proformas help architects to meet their obligations under the Model Work Health and Safety Act 2011 and state-specific regulations.

ACA - SA has developed a model checklist for roof access on site inspections.

The ACA has released the report on findings of the 2015 National Salary Survey. This outlines the broad trends identified this year and compares these to the results from the previous two years.

The Professional Services Subcontract (updated December 2023) is available for members to use when a back-to-back agreement is required with the Lead Consultant.

The ACA is pleased to release a report on findings of the first two iterations of the National Salary Survey.