Please note that a number of amendments have been made to the Industrial Relations Advice published in December 2009.

These changes primarily relate to the referral of industrial relations powers by all of the state governments except Western Australia. These referrals of power mean that unincorporated employers in all states except Western Australia are now covered by the federal industrial relations system. The Modern Award commenced for these employers on 1 January 2011.

It is important that employers are also aware that the information in examples two and three has been amended. This is on the basis of advice contained within the Pay Scale Summaries available on the Fair Work website. This summary indicates that employers should be paying their Students of Architecture (with up to two years' experience) at a minimum rate of $14.31 per hour. This is higher than the previous amounts which were calculated using the percentages contained within the old Technical Services – Architects – Award 2000.

Award Modernisation is the process that has been undertaken by the Australian Industrial Relations Commission (AIRC), leading to the creation of 'modern awards'. The process was completed at the end of 2009, with the new Modern Awards commencing on 1 January 2010, but with the different business structures (incorporated and unincorporated entities') requirements being transitioned in over varying lengths of time.

The new modern Architects Award 2010 covers virtually all employee architects throughout Australia that are in industry or private practice but not in academia. Now that most of the states industrial relations powers (except for WA) have been handed over to the federal government a substantial number of employee architects who were award-free are now covered by this new award. Previously coverage of the old awards was limited to those in the states of Tasmania or Victoria and ACT and NT. These awards also covered those employers who were named as respondent firms under the old federal award.  

The awards which currently apply to the employment of architects include:

• Technical Services – Architects – Award 2000 (federal)
• Architects (Private Industry) Award 2000 (Tasmania)

From 1 January 2010 Registered Architects, Graduate Architects and Students of Architecture within an incorporated practice or within Victoria, ACT or NT have been covered by the Architects Award 2010.  This award also applies to unincorporated practices in all States except Western Australia from 1 January 2011 . A further review of the individual states' own transitional arrangements for coverage has now occurred and this confirms that ALL practices both incorporated and unincorporated (except for unincorporated practices in WA) are covered by the new award in the federal system from 1 January 2011.