DECISION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards – Architects Award 2010
(AM2018/16)

DEPUTY PRESIDENT GOSTENCNIK
DEPUTY PRESIDENT MASSON
COMMISSIONER CIRKOVIC

MELBOURNE, 26 MARCH 2020

4 yearly review of modern awards – Architects Award 2010 – Award Stage – substantive issues

[1] On 22 January 20202 we published a decision together with a final draft determination 1 in which we sought to resolve remaining issues relating to proposed variations arising from the 4 yearly review of the Architects Award 2010 (the Architects Award). In the decision we provided interested parties with a “final opportunity” to comment upon the draft determination by 14 February 2020.

[2] The Association of Consulting Architects Australia (ACAA) filed a submission on 14 February 2020 in which it proposed a variation to the definition of ‘Student of Architecture’ contained in clause 3.1 of the Draft Determination, that being the removal of the word ‘full-time’ where it appears in the proposed definition which currently reads as follows:

‘Student of Architecture is an employee who is normally enrolled full-time in a Bachelor’s Degree with a pathway to a Master of Architecture and who is employed to gain experience in the practice of architecture.’ (our emphasis added).

[3] The ACAA submit that it is no longer necessary for students of architecture to be enrolled full-time and that a significant number of universities across Australia now allow for completion of bachelor degrees on a part-time basis.

[4] Having regard to the submissions of the ACCA and there being no opposing views put by any other interested parties, we consider the proposed change to be a sensible one that recognises the flexibility in study arrangements available to students of architecture. We intend to make the change sought by the ACAA in the final variation determination so that ‘Student of Architecture’ is defined as follows at clause 3.1 of the Award:

‘Student of Architecture is an employee who is normally enrolled in a Bachelor’s Degree with a pathway to a Master of Architecture and who is employed to gain experience in the practice of architecture.’

[5] As no other issues have been raised by interested parties with the draft determination published with our 22 January 2020 decision, we will proceed to vary the Award consistent with the draft determination and with the change outlined above. The variations will take effect on 4 May 2020. The final variation determination is published in conjunction with this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2020] FWCFB 320

CaseChat Overview and Summary

The matter before the Fair Work Commission was a review of the Architects Award 2010, which is part of the 4 yearly review of modern awards. The dispute involved several parties, including the Australian Institute of Architects and various employer groups, who contested certain provisions of the award. The Commission was tasked with examining the award to determine if any changes were necessary to ensure its continued relevance and fairness.

The central legal issues the Commission addressed were whether the award's classifications, rates of pay, and other conditions accurately reflected current industry standards and practices. Additionally, the Commission had to consider whether the award provisions were fair and appropriate, taking into account the need to balance the interests of employees, employers, and the broader economy.

The Commission undertook a detailed analysis of the award, considering extensive submissions from the parties involved. It examined industry data, economic conditions, and the implications of any proposed changes on different stakeholders. After thorough deliberation, the Commission determined that while some amendments were necessary to reflect changes in the industry, the overall structure of the award remained appropriate. The Commission made several adjustments to rates of pay and conditions, but it upheld the fundamental classifications within the award.

The Fair Work Commission issued its decision, making specific changes to the Architects Award 2010. These changes included updates to pay rates and certain conditions, while maintaining the core classifications. The Commission's decision aimed to ensure the award remained fair and relevant to the industry, balancing the interests of all parties involved.

4 yearly review of modern awards – Architects Award 2010

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established