DECISION

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

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

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

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 1   [2020] FWCFB 320