Human resources describes the combination of traditional administrative and professional personnel functions with performance, employee relations and resource planning. The objective of human resources is to maximise the return on investment from the organisation's human capital and minimise financial risk.
The national industrial-relations system is regulated by the Fair Work Act and national modern awards apply to many architectural firms. National systems cover all 'constitutional corporations' and their employees. A constitutional corporation is generally any proprietary limited (Pty Ltd) or limited (Ltd) company.
In addition to the national system, there are also state industrial-relations systems. State systems generally apply to employers who are sole traders and to some partnership and trust arrangements. The Architects Award 2010 and the National Employment Standards apply to architectural firms covered by the national system only. For those firms covered by state systems, it is recommended that reference be made to the appropriate state awards and employment standards.
The National Employment Standards (NES)
'The NES provides all employees (both award-covered and award-free) under the National System with ten minimum standards of employment. By law, employers must comply with the NES which cannot be undermined by a modern award, agreement or contract of employment. Where a modern award, agreement or contract of employment provision is less favourable than the NES, it has no legal effect – instead the NES will apply. However, where a modern award, agreement or contract of employment provides more favourable pay, leave or any other employment condition than the NES – there is a legal requirement to provide the more beneficial entitlements prescribed in these instruments' (Wentworth Advantage, 2016, ‘The National Industrial Relations System’, HR Hub).
The ten minimum employment entitlements of the NES can be found here.
Fair Work Information Statement
Employers under the NES are required to give the Fair Work Australia Information Statement to all new employees before, or as soon as practicable after, their employee starts employment.
A copy of the Fair Work Australia Information Statement is available here.
Further reading
The Institute's HR Hub includes support materials on HR policies and procedures, recruitment and retention, national and state workplace relations systems, wellbeing, managing performance and work health and safety - refer details below:
Disclaimer
This content is provided by the Australian Institute of Architects for reference purposes and as general guidance. It does not take into account specific circumstances and should not be relied on in that way. It is not legal, financial, insurance, or other advice and you should seek independent verification or advice before relying on this content in circumstances where loss or damage may result. The Institute endeavours to publish content that is accurate at the time it is published, but does not accept responsibility for content that may or has become inaccurate over time. Using this website and content is subject to the Acumen User Licence.