2024-11-04
Industrial Relations – FAQs
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.
2025-01-09
The Architects Award
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 1 January 2025. Download today!
2025-03-19
Engaging independent contractors
Legislative changes in 2024 has re-complicated this area of law, with businesses facing real risks in relation to managing the use of independent contractors, particularly if their documentation is inadequate. The ACA’s IR advisor, Tom Earls from Fair Work Lawyers, has written a comprehensive explainer. Log in to read more about independent contractors and what employers need to know.
2025-02-12
Redundancy ready reckoner
Making employees redundant is never a pleasant situation. However, failing to comply with relevant laws can expose a business to additional legal complications and costs at a time the business can least afford it. ACA legal advisor Fair Work Lawyers sets out some important considerations for employers regarding redundancy – from consultation, redeployment, adverse action and unfair dismissal to workers compensation, outstanding leave and contractual entitlements.
2024-12-31
Wage underpayment laws
From 1 January 2025, intentional underpayment of wages or entitlements is a criminal offence, with potential sanctions including jail time and significant financial penalties. The ACA’s legal advisor, Tom Earls from Fair Work Lawyers, has written a summary of everything employers need to know.
2024-12-05
Changes to entry-level Award pay rates from 1 January
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.
2024-10-06
Pay rates and the Architects Award
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.
2024-09-03
Right to Disconnect – What employers need to know
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.
2024-08-19
Christmas closedowns and annual leave
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.
2024-06-27
2024 Architects Award Pay Rates
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!
2024-06-11
Compassionate leave
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.
2024-06-03
Fair Work Commission Wage Decision 2024
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.
2024-04-08
Work downturns and redundancies
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.
2024-03-04
Closing Loopholes Legislation – Part 2
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.
2024-02-01
Closing Loopholes Legislation – Part 1
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.
2024-01-29
Pay Progression and the Architects Award
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.
2023-11-15
Changes to Miscellaneous Award
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!
2023-11-15
New competencies and the Architects Award
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!
2023-09-06
Closing Loopholes Legislation
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.
2023-06-01
Flexibility Expanded
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.
2023-05-29
2023 Changes to Parental Leave
From 1 July 2023, the rules for government-funded parental leave are changing to provide greater flexibility for parents to share caring responsibilities.
2023-03-06
Sexual Harassment Reforms – What They Mean For Employers
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.
2023-03-01
New Workplace Laws – Sexual Harassment
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.
2023-01-25
New Workplace Laws – Pay Secrecy & Job Ads
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.
2022-12-07
Fair Work Amendment Act – An Overview
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.
2022-11-17
Paid Family & Domestic Violence Leave Entitlements
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.
2022-10-28
Fair Work Amendment Bill
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.
2022-10-10
The Removal of Mandatory COVID-19 Isolation
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.
2022-05-09
Legal overview of WA’s WHS changes
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.
2020-12-08
2020 Industrial Relations Overview
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.
2020-08-14
High Court Decision about Personal Leave
Tom Earls from Fair Work Lawyers summarises the findings of an important high court decision about personal leave accrual for ACA members.
2020-07-31
Clerks Award - An Explainer
The various classifications of the Clerks Award can cause confusion. Tom Earls of Fair Work Lawyers clears up some common areas of conflict.
2020-05-04
Architects Award Changes 2020
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.
2025-01-09
The Architects Award
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 1 January 2025. Download today!
2020-02-25
Annualised Salaries – changes to the Clerks Award
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.
2020-01-14
Community Service Leave
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).
2021-03-30
Fair Work Information Statement
A Fair Work Information Statement must be given to all new employees, as part of an employer’s responsibilities under the National Employment Standards. Read our quick summary and access the document and fact sheet.
2019-12-04
2019 Industrial Relations Overview
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.
2018-12-12
2018 Updates to Architects Award
As the year draws to a close, we take a brief look at the changes made to the Architects Award this year.
2018-10-29
Termination of Employment Clause
A new award determination requires employers to pay employees within seven days of their termination of employment.
2018-07-16
ACA Provides Valuable Input to New Architects Award
The ACA continues to advocate for its members as the Architects Award is reviewed by the Fair Work Commission. We have expressed concern and sought a hearing over several clauses in the Exposure Draft – Architects Award 2018.