At the ACA we are here to help you understand your industrial relations obligations. This FAQ article, prepared by Fair Work Lawyers for ACA members and updated in November 2024, is designed to answer your commonly asked questions. It covers the Award system, minimum rates, ordinary hours of work, probation periods, annual leave and casual employees.

It’s critical that all architectural businesses understand their obligations under the Architects Award. The update of the Architects Award and other Awards relevant to architectural practice incorporate all changes up to and including 27 August 2024. Download today!

Do you employ staff in C14 and C13 classifications? The Fair Work Commission has recently handed down a decision relating to these rates of pay under various awards, including the Architects Award. The decision will result in changes to several awards, which will take effect from the first full pay period on or after 1 January 2025. Emma Avey of Fair Work Lawyers unpacks the detail.

The ACA’s IR advisor Fair Work Lawyers explains the three separate rates of pay for each classification in the Architects Award – an annual rate, weekly rate and hourly rate – and advises on how to calculate appropriate, Award-compliant pay for your employees.

On 26 August 2024 the Right to Disconnect came into effect for businesses with more than 15 employees. Our legal advisor, Tom Earls from Fair Work Lawyers, offers some insights into the right to disconnect, what it means for employers and employees, advice for implementation and information on the dispute process.

With the year flying by and Christmas just around the corner, it is worth taking the time to remind yourself about practice closedowns and your rights to direct employees to take annual leave during these periods. Emma Avey from Fair Work Lawyers offers advice related to employees engaged under the Architects Award and other relevant industrial awards.

The 2024 Federal Industrial Award pay rates have been updated and are applicable from 1 July 2024. Additional changes were also made to some entry level positions, which are in place from 1 January 2025. ACA members can log in to access award pay rates relevant to architectural practice today!

The legislation around compassionate leave is not black and white in practical implementation. The ACA’s IR advisor Fair Work Lawyers takes us through compassionate leave, outlining employer obligations in relation to this entitlement.

On Monday 3 June 2024, the Fair Work Commission handed down the 2024 wage decision, increasing the national minimum wage and base rates of pay in modern awards. Tom Earls from Fair Work Lawyers provides a summary of the decision. The ACA will update relevant Award pay rates as soon as possible.

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.

On 12 February 2024 the second part of the Federal Government’s Closing Loopholes legislation passed through both houses of Parliament. Part 2 features many significant changes to Australia’s current workplace law, including redefining casual employment, massive increases to civil penalties for wage theft, and introducing the ‘right to disconnect’. Tom Earls from Fair Work Lawyers provides an overview of what employers need to know.

On 14 December 2023, part one of the Federal Government’s Closing Loopholes legislation received royal assent, introducing changes around wage theft, union delegate rights and anti-discrimination laws, as well as bringing in “same job, same pay” regulated labour hire arrangements. Tom Earls from Fair Work Lawyers provides an overview of what is new and what other changes may be on the way.

How do graduates and registered architects step between the pay points within the Architects Award? The ACA’s IR advisor Fair Work Lawyers takes us through employer obligations regarding pay for graduates and registered architects.

The Fair Work Commission has announced that from 30 October 2023 there are changes to some of the age group descriptions in the Miscellaneous Award, which covers interior designers. If this Award is relevant to your practice, download the updated Miscellaneous Award today!

On 30 October 2023, the Fair Work Commission approved the ACA’s application to amend the Architects Award to reflect the new National Standard of Competency for Architects. See the detailed explainer from Emma Avey of Fair Work Lawyers and download the updated Architects Award today!

On Monday 4 September, the Federal Government announced its third tranche of IR reforms in the past 12 months. Under the title of “closing loopholes”, the legislation proposes widespread changes not only to employment relationships (and especially casual and labour hire engagements) but also independent contracting arrangements. Tom Earls from Fair Work Lawyers provides an overview of the proposed legislation and the potential implications for employers.

The Fair Work Commission has just handed down the 2023 wage decision, increasing the national minimum wage and base rates of pay in modern awards. Tom Earls from Fair Work Lawyers provides a summary of the decision. The ACA will update relevant Award pay rates as soon as possible.

From Tuesday 6 June 2023, more employees will be able to request flexible working arrangements, and employers will have new obligations regarding flexible work requests, including a more rigorous process of discussion, negotiation and written responses.

From 1 July 2023, the rules for government-funded parental leave are changing to provide greater flexibility for parents to share caring responsibilities.

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.

New federal legislation has strengthened workplace laws around sexual harassment. From 6 March, the prohibition of sexual harassment in the workplace is enshrined in the Fair Work Act, and there is now a positive duty on employers to prevent workplace sexual harassment, sex discrimination and victimisation. Here we highlight some relevant ACA resources.

New workplace laws now apply regarding pay secrecy clauses in employment agreements and what you can include in job advertisements. These laws are part of the Fair Work Amendment legislation that was passed by the Federal parliament in December 2022.

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.

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.

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.

Mandatory COVID isolation periods will be removed nationally on 14 October, with a more direct burden on employers to address COVID risk within the workplace under WHS laws. Tom Earls from Fair Work Lawyers teases out the issue in his latest IR Update for ACA members.

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.

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.

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.

The new Casual Employment Information Statement is now available for download. All employers are obligated to give a copy of this statement to any new casual employee employed on or after 27 March 2021.

As the year draws to a close, we provide a 2020 summary of the changes made to the Architects Award and other awards relevant to architectural practice.

This IR update relates to recent changes to two modern awards regarding payment of wages on termination, and further clarification on an Architects Award clause relating to a pay scale for the new classification of Bachelor’s Degree with a Pathway to a Master of Architecture.

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.

The Fair Work Commission has extended the entitlement to unpaid pandemic leave and annual leave at half pay for many awards to 30 June 2022.

The new Architects Award 2020 document came into effect on 4 May 2020. There are notable changes to six clauses. The ACA encourages all members to ensure they understand these changes and their obligations as employers in relation to them.

It’s critical that all architectural businesses understand their obligations under the Architects Award. The update of the Architects Award and other Awards relevant to architectural practice incorporate all changes up to and including 27 August 2024. Download today!

The Clerks Award has been temporarily amended to enable more flexibility during the Coronavirus outbreak.

Changes to the Clerks Award insert new rules about annual salaries, with changes coming into effect from the first full pay period on or after 1 March 2020.

Practice owners and managers should be aware that all employees, including casuals, are entitled to community service leave to take on emergency service management activities, such as volunteering for the Country Fire Authority (CFA) or State Emergency Service (SES).

A new Fair Work Information Statement was released on 29 March 2021. This must be given to all new employees, as part of an employer’s responsibilities under the National Employment Standards.

The ACA continues to represent architectural employers on industrial relations matters, to keep members informed about changes that impact them, and to support architects to be fair and ethical employers. As 2019 comes to a close we review the changes that have occurred this year.

As the year draws to a close, we take a brief look at the changes made to the Architects Award this year.

New clauses in Modern Awards aim to further support flexible work. The ACA outlines what this might mean, how employers can prepare for these changes, and where to find good material to support flexible workplaces.

The Modern Awards include a new clause outlining the right to request flexible work.

A new award determination requires employers to pay employees within seven days of their termination of employment.

The Victorian Government has expanded the rights of employees regarding long service leave, effective from 1 November.

The Fair Work Commission has handed down a new determination that will impact ACA members with regular casual employees.

What are your obligations in terms of unpaid internships? Nick Ruskin from K&L Gates looks at the fine print.

The ACA continues to advocate for its members as the Architects Award is reviewed by the Fair Work Commission.

The ACA welcomes the decision of the Fair Work Commission that a model domestic violence leave clause should be inserted into modern Awards.

Individual flexibility arrangements provide the opportunity to vary modern awards or enterprise agreements to provide flexibility in a fair and appropriate manner.

An employee usually won’t succeed in an unfair dismissal or bullying claim if the conduct of their employer is considered ‘reasonable management action’. But what does that term mean? Merilyn Speiser from Catalina Consultants investigates.

Which Award are draughtspeople classified under? Michael Corrigan explains.

A surprise decision by the Fair Work Commission now requires employers to calculate time off in lieu (TOIL) at a rate of 1.5 hours for each hour of overtime worked for employees being paid at the Award rates.

Provisions for students and graduates of architecture in the Architects Award and applicable pay rates.

The Fair Work Act 2009 contains a range of general protections available to employees against conduct that is discriminatory, unfair or unlawful. Peta Tumpey and Rae Mozejko, of TressCox Lawyers, set out what the general protections are and what employers can do to avoid claims being made in this jurisdiction.

Peta Tumpey and Katie Simon outline the steps you need to go through as an employer to ensure you meet your obligations in relation to redundancy.

Do you understand all your obligations under the national workplace relations system?

Michael Corrigan explains the changes to workplace laws on bullying and what you need to know.

Managing reducing hours of work to ensure minimum stress and maximum benefit for all.

When does redundancy occur and what are your obligations as an employer?