DETERMINATION

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

4 yearly review of modern awards
(AM2019/5)

PROFESSIONAL EMPLOYEES AWARD 2010
[MA000065]

4 yearly review of modern awards – Professional Employees Award 2010 – substantive claims.

A. Further to the decision [[2020] FWCFB 2057] issued by the Full Bench of the Fair Work Commission on 22 April 2020, the above award is varied as follows:

1. By deleting paragraph (b) in the definition of “Experienced information technology employee” in clause 3.3 and inserting the following:

(b) that they, not having so graduated, have sufficient qualifications and experience to be a Certified Professional of the Australian Computer Society plus a further four years’ experience on professional information technology duties.

2. By deleting paragraph (b) in the definition of “Graduate information technology employee” in clause 3.3 and inserting the following:

(b) has sufficient qualifications and experience to be a Certified Professional of the Australian Computer Society.

3. By deleting paragraph (b) in the definition of “professional information technology duties” in clause 3.3 and inserting the following:

(b) has sufficient qualifications and experience to be a Certified Professional of the Australian Computer Society.

4. By deleting the definition of “Experienced scientist” in clause 3.4 and inserting the following:

Experienced scientist means a Professional scientist possessing the following qualifications and engaged in any particular employment, the adequate discharge of any portion of the duties of which, requires the possession of such qualifications.
The qualifications are:

(a) A degree or diploma and the following further experience in professional scientific duties obtained after their degree or diploma:

(i) when a graduate (four or five year course) – four years’ experience;

(ii) when a graduate (three year course) – five years’ experience, or

(b) that they possess qualifications acceptable to:

(i) the Royal Australian Chemical Institute for admission to the grade of Chartered Member; or

(ii) the Australian Institute of Physics for admission to the grade of Member (MAIP); or

(iii) the Australasian Institute of Mining and Metallurgy for admission to the grade of Member; or

(iv) the Australian Institute of Food Science and Technology for admission to the grade of Professional Member.

5. By deleting the Academic schedule within the definition of “professional scientific duties” in clause 3.4 and inserting the following:

Academic schedule

(a) A degree in science from an Australian, New Zealand or United Kingdom university or from an Australian tertiary educational institution.

(b) Academic qualifications acceptable to the Royal Australian Chemical Institute for admission to the grade of Graduate Chemist (MRACI), Early Career Chemist (MRACI)(CChem) or Member (MRACI).

(c) Academic qualifications acceptable to The Australian Institute of Physics for admission to the grade of Member (MAIP).

(d) Academic qualifications in metallurgy, metallurgical engineering or technology acceptable to either the Australasian Institute of Mining and Metallurgy for admission to the grade of Graduate Member, or the Institution of Materials, Minerals Mining (London) for admission to the grades of Professional Graduate Member or Associate Member.

(e) Academic qualifications acceptable to the Australian Institute of Agricultural Science and Technology for admission to the category of 1st Year Graduate Member, 2nd Year Graduate Member or Full Member.

(f) Academic qualifications acceptable to the Australian Institute of Food Science and Technology for admission to the grade of Graduate Member.

(g) Academic qualifications acceptable to a pharmacy board or council within the Commonwealth of Australia provided that the award will not apply to pharmacists employed in a retail pharmacy shop.

6. By deleting the heading “Graduate professional engineer, Professional scientist and information technology employee” appearing in clause B.1.1 and inserting the heading “Graduate engineer, Graduate information technology employee and Qualified scientist”.

7. By deleting the heading “Level 2—Experienced professional” appearing in clause B.1.7 and inserting the heading “Level 2—Experienced engineer, Experienced information technology employee and Experienced scientist”.

8. By deleting the words “Experienced professional” within clause B.1.7 and replacing with the words “Experienced engineer, Experienced information technology employee and Experienced scientist”.

B. This determination comes into operation from 7 May 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 7 May 2020.

PRESIDENT

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