The Business of Architecture*

The ACA is pleased to share the 2025 HR Policy Templates, updated and expanded to reflect the changing needs of architectural practices and recent legislation, and featuring a new template on Artificial Intelligence in practice. Developed by our HR advisors Catalina Consultants, these plain-English templates offer practical, customisable support for every member practice. 

An important ACA member benefit is our suite of Employment Agreement templates to support members. Our IR advisor Fair Work Lawyers undertakes a review of our template employment contracts regularly, ensuring they are user friendly and legally compliant, and reflect recent legislative changes. Download the 2025 update today!

A recent decision of the Federal Court has unsettled longstanding employer practices in relation to two key areas: the capacity for set-off clauses to cover award entitlements for salaried employees; and strict requirements for employee record-keeping. Tom Earls from Fair Work Lawyers sets out the key takeaways from this decision.

An employee has sent inappropriate emails to one of their colleagues, making them feel very uncomfortable. What is the best course of action to deal with this situation? The ACA’s HR advisor Catalina Consultants offers ACA members advice on how to tackle inappropriate workplace behaviour.

The Professional Services Subcontract (September 2025 update) is available for members to use when back-to-back provisions are required to pass through rights and obligations of the Head Contract to the Subconsultant. This is a major update that addresses many more elements and is a more comprehensive framing of the contractual relationship. Download today!

On 3 July 2025, the Industrial Relations and Other Legislation Amendment (Workplace Protections) Act 2025 received Royal Assent, representing a significant overhaul of the NSW industrial relations system. So what does this mean for practices in NSW? ACA IR advisor Tom Earls from Fair Work Lawyers outlines the key points for ACA members.

The new and improved ACA Architects’ Time/Cost Calculator Guide (TCCG) helps practices manage project time and costs with confidence. It combines practice-specific data with reliable calculations to support accurate, tailored fee proposals for all types of building types, service levels and procurement methods.

The ACA Salary Calculator provides practices with a clear methodology for determining 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 their business. The Salary Calculator has been updated with the 2025–2026 pay rates and new superannuation rates. Access the updated Salary Calculator today!

As the 12-month anniversary of the latest casual employment reforms approaches, it’s a timely opportunity for businesses to review their systems and processes for engaging casual staff. ACA IR advisor Tom Earls breaks down what employers need to know – from managing the risk of double-dipping claims to navigating the casual conversion process and understanding the Casual Employment Information Statement rules.

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.

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.

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.

The Australian Construction Industry Forum Forecasts (worth $350+) are produced every six months by the ACIF forecasters, with the Construction Forecasting Council providing guidance and oversight. ACA members have free access to the ACIF Customised Forecasts Dashboard as a member-only benefit.

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.

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 2025 the Right to Disconnect will come into effect for businesses with fewer 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.

When it comes to seasonal practice closedowns, what are 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.

How do I manage the under-performance of one of my employees if they seem disengaged and are not meeting the requirements of their job? The ACA’s HR advisor Catalina Consultants offers ACA members a range of options in managing under-performance, from informal first steps to a more formal approach, including the use of Performance Improvement Plans.

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.

The ACA has launched a valuable new resource to assist members with their understanding of contracts. Written by lawyer, advisor and contracts expert Phillip Greenham, this comprehensive discussion paper covers everything from warranties, errors, variations, resourcing and time frames to novation, dispute resolution, proportionate liability, IP and moral rights.

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.

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 Short Form Architect Consultant Agreement to facilitate a straightforward, uncomplicated legal engagement between an architectural practice (the Principal) and a consultant business or an independent contractor who is not an employee (the Consultant). Note the May 2025 update of the Agreement. Download the updated documents 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.

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.

This User Guide is a companion to the 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.

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.

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.

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.

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.

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.

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.

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