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The Architects Award

Fact Sheet

The Architects Award

The Architects Award 2020 (MA000079) sets the legal minimum pay and conditions for architectural employees in Australia. Here’s what it says.

The Award is the floor, not the ceiling. If a firm pays below these rates, or doesn’t pay overtime, that is a breach of federal law.

uaw.org.au/rights

The Architects Award sets minimum pay for Graduates of Architecture, Experienced Graduates of Architecture and Registered Architects. Check the current Architects Award and the Fair Work Ombudsman pay guides for the classification and rates that apply to your work. Rates change following wage reviews, so use the effective date for the pay period you are checking. The Pay and Conditions Tool (PACT) helps calculate minimum pay, allowances and overtime. These are legal minimums, not a limit on what you can negotiate.

The standard working week under the Award is 38 hours, ordinarily worked Monday to Friday between 8:00am and 6:00pm (clause 12). These are the hours we are expected to work. Any time worked beyond 38 hours per week is overtime and must be compensated. The Award does not contemplate a culture of “just staying a bit late.” If we are working more than 38 hours, we are working overtime, regardless of what the workplace culture suggests.

Overtime is paid at the overtime rate set out in clause 17 of the Award, and applies to all hours worked beyond 38 per week. The exact rate, and any escalation (for example a higher rate after a set number of hours, or on weekends and public holidays), is set by clause 17, so check the current clause for the rate that applies to your hours, or ask UAW. Survey data suggests only a small minority of architects are paid for their overtime, which means much of the overtime worked across our profession goes unpaid, week after week.

Work performed on a public holiday attracts a penalty rate under the Award; check the current public-holiday provisions for the rate that applies, as some awards provide a higher loading. Employees have the right to be absent from work on a public holiday under section 114 of the Fair Work Act 2009, except where a reasonable request to work is made. We cannot be penalised for refusing to work on a public holiday if the request is not reasonable.

Time off in lieu of overtime (TOIL) can be arranged, but only with a written agreement between the employee and employer (clause 17.3). How TOIL accrues (whether hour-for-hour or at the overtime rate) is set by clause 17.3, so confirm the current basis before agreeing, or ask UAW. Any TOIL arrangement must be genuinely agreed; it cannot be imposed. If we have not signed a written TOIL agreement, we are entitled to be paid for our overtime.

Employees covered by the Award have the right to disconnect outside working hours (clause 12A; see also section 333M of the Fair Work Act). This right applies from 26 August 2024 for most employees, and from 26 August 2025 for employees of small business employers. It means we can refuse to monitor, read, or respond to contact from our employer outside our ordinary hours, unless the refusal is unreasonable. The right to disconnect is not about refusing to do our jobs; it is about protecting the boundaries already set by the Award's standard-hours provisions.

Think your rights are being breached? Contact us.