The Professional Employees Award [MA000065] is a legal document that outlines the terms and conditions of employment for professional employees in Australia. Continue reading this Legal Kitz blog to learn more about the Professional Employees Award.
What is the Professional Employees Award?
The award covers those employed in professional occupations and industries and mainly those engaged in the information technology, medical research, quality auditing or telecommunications services industries. Employees in these industries who fit within the classifications of the award are also covered.
Employees who perform professional engineering and scientific duties are covered by the award, unless another award with a more appropriate classification covers their employer.
What are the professional services that are covered?
As above; those who are engaged in information technology, medical research, quality auditing or telecommunications service industries are covered by the award. The Fair Work Ombudsman provides definitions and parameters for each of these professionals.
The information technology industry includes services including:
- Designing and manufacturing computers, peripherals and software, and telecommunications equipment.
- Installing, preparing and maintaining any computer system.
- Computer consultancy services.
- Programming.
- System analysis.
- Designing, developing and maintaining online internet architecture.
- Facilitating content management online.
- Any associated work with the services above.
The medical research industry applies to not-for-profit organisations that involved in basic, applied, translational or clinical research. The research must also operate for the primary purpose of the cure, diagnosis, prevention and/or treatment of a certain disease/illness.
The quality auditing industry includes providing advice, auditing and assessment services to companies that are seeking compliance with the quality standards outlined in the International Standards Organisations.
The telecommunication services service includes:
- Supplying, installing or maintaining telecommunications services, including value add services,
- Work associated with installing, supplying telecommunications services or maintenance, or
- Installing and maintaining telecommunications equipment.
Professional engineering and professional scientific duties include any duties that generally require a formal academic qualification or equivalent experience.
Who is covered by the Professional Employees Award?
Employees covered by the professional award include:
- Degree-qualified engineers, information technology employees and scientists.
- Information technology employees with sufficient qualifications and experience to become a Certified Professional of the Australian Computer Society.
- Scientists and engineers with qualifications or experience that allows them to become a member of professional body, such as Engineers Australia or Royal Australian Chemical Institute.
- Medical research employees with sufficient qualifications and experience in medical research.
- Quality auditors who are sufficiently qualified or highly experienced in auditing.
The professional award coverage also extends to labour hire business and their employees who work in the above industries or occupations.
Who won’t the Professional Employees Award cover?
Certain employers and employees are not covered by the award, including:
- Employees that are principally in a managerial position.
- Information technology employees without a formal academic qualification or sufficient experience to be a Certified Professional of the Australian Computer Society.
- Engineers without formal academic qualifications or sufficient experience to be a member of Engineers Australia.
- Scientists without formal qualifications and do not qualify for membership in one of their professional bodies.
- Medical researchers who work for health services or higher education organisations as outlined in the award.
- Adutiors who do not satisfy the educational and experience requirements as outlined in the award.
- Local government employees covered by another award.
- Employees who mainly do administrative or clerical work.
The Professional Award also does not cover any employers or employees who are covered by other awards. These awards include:
- Airport Award
- Black Coal Award
- Rail Award
- Electrical Power Award
- Nurses Award
- Port Authorities Award
- State Government Award
- Rail Award
- Water Award
How do I find my pay and entitlements?
The following links have been provided by the Fair Work Ombudsman to assist with calculating the following:
Download the Professional Employees Award [MA000065] Pay Guide (DOCX) | (PDF) for information regarding pay rates, allowances and common penalties in the award.
What legislation governs the Professional Employees Award?
The Professional Employees Award [MA000065] is covered by the Fair Work Act 2009, which is the primary legislation governing employment relations in Australia. The Fair Work Act sets out the minimum employment conditions for the employees that are covered by by the Australian workplace relations system, including those covered by the Professional Employees Award.
Employers and employees covered by the Professional Employees Award are encouraged to familiarise themselves with the relevant legislation to ensure compliance with their legal obligations, as well as understand their rights and entitlements under the law.
For any further information regarding the Professional Award, employees and employers are encouraged to visit the Fair Work Ombudsman website.
Legal advice
Employers and employees can seek legal advice for further assistance or guidance on professional awards or other employment matters.
If you need further assistance or advice regarding your entitlements we here at Legal Kitz would love to help you. We offer free resources and the option to request a free 30-minute consultation for all of your employment queries. Additionally, our sister company Business Kitz offers a subscription-based plan with over 150+ legally compliant documents.