Victorian planning minister told architect’s board letting bullying slide

A prominent architect has written to the Victoria’s planning minister to complain the industry’s registration board is failing to protect its members from bullying.

Architect Rob Mills says his architecture firm has now cultivated a positive and collaborative work environment”.

A prominent architect has written to Victoria’s planning minister to complain the industry’s registration board is failing to protect its members from bullying.

It’s understood Minister Sonya Kilkenny is yet to respond to the architect, who wishes to remain anonymous, after he wrote to her following reports in The Australian that revealed more than a dozen former employees of Rob Mills Architecture alleged a toxic workplace culture was allowed to fester for years. 

“I write to you regarding the Architects Registration Board of Victoria and in particular it not meeting your statement of expectations as issued in September 2023,” he said in the letter.

It is understood Minister for Planning Sonya Kilkenny is yet to respond. Picture: Aaron Francis

“You may or may not have seen the recent articles of some of the issues that plague our industry around bullying and the lack of protection that our industry bodies provide us. 

“This may seem like a single matter; however it represents a larger issue which is allowed to proliferate within our industry and the first step on this matter is the biggest.”

Mr Mills has previously denied allegations against him.

His spokeswoman declined to comment on the complaints made to state boards, but has previously told The Australian a number of changes at the firm had “cultivated a positive and collaborative work environment”.

“RMA has implemented significant changes to address past challenges, creating a more structured and collaborative business environment,” she said.

The prominent architect left Mr Mills’ firm about 10 years ago following a four-year stint.

He told Ms Kilkenny that as a group, he and about 20 others contacted the Victorian board but felt their response was “beyond underwhelming”.

“They are pushing responsibility to other authorities, and I don’t believe meeting the professional expectations of your office,” the letter read.

Internationally renowned architect Rob Mills. Picture: supplied

The Australian has also seen that letter to the board, which said “at least 20 others, would like to formally lodge a complaint” following allegations reported about Mr Mills.

In a response – seen by The Australian – the Architects Registration Board of Victoria encouraged “any person who has concerns about compliance with workplace laws to contact the Fair Work Ombudsman”.

The board directed the former employee to an online form to lodge complaints also, but said there was little utility in lodging an anonymous complaint as he requested.

Architects Registration Board of Victoria CEO Glenice Fox told The Australian the board is meeting the minister’s statement of expectations.

“A range of regulatory bodies and courts (federal and state), including state registration boards, are responsible for the enforcement of regulatory and legal obligations imposed on architects. Guidance to architects about compliance with all relevant laws has been published by the ARBV,” she said.

Architect Juliana Junqueira has filed a complaint.

“While it is possible for a person to make a complaint to the ARBV anonymously, it may be difficult for the ARBV to investigate the complaint without disclosing the complainant’s identity.

“Principles of natural justice and procedural fairness require that allegations be put to the person about whom they are made with sufficient particularity (detail) to enable them to respond to those allegations.”

The Australian contacted Ms Kilkenny’s office, and in response to a request for comment a Victorian government spokeswoman said “we encourage anyone concerned about breaches of workplace laws to contact the Fair Work Ombudsman or WorkSafe.”

Responding to questions from The Australian, a WorkSafe Victoria spokesman said: “WorkSafe has received a complaint and inspectors are considering the matters raised to determine whether further action is necessary.”

It’s understood the Fair Work Ombudsman is not investigating Rob Mills Architecture and Interiors.

A Fair Work Ombudsman spokeswoman said: “the Fair Work Commission deals with workplace bullying”.

But a spokesman for the Fair Work Commission said: “The Fair Work Commission does not conduct investigations into bullying and harassment claims.

“As Australia’s national workplace relations tribunal, we can deal with some workplace disputes relating to bullying and sexual harassment on application,” he said.

Meanwhile, ex-Rob Mills Architecture employee Juliana Junqueira has lodged complaints about her alleged treatment at the firm with the Victorian and NSW architect boards.

In correspondence, seen by The Australian, the NSW Architects Registration Board said it had received Ms Junqueira’s complaint which will be considered by a committee. It could take up to 12 months, and the board could ultimately decide to dismiss the complaint.

“Your complaint will be provided to the Architect and the Architect will be given 28 days to respond,” the letter, dated December 13, said.

But in a separate letter, also seen by The Australian, the Architect’s Registration Board of Victoria said it would “place the complaint on hold” while Ms Junqueira’s Fair Work Commission matter is ongoing.

“The ARBV has conducted a preliminary review of the information you have provided,” the letter, dated December 23, said.

“As you are aware, these are workplace issues that fall within the jurisdiction of the Fair Work Commission.

“Where an architect has been found by a court or other body to have contravened a workplace or other law, this may be a basis on which the ARBV investigates the architect’s conduct and refers that conduct to the Architects Tribunal.”

Ms Junqueira’s lawyer, Tony Pick, told The Australian the Victorian board “is taking an extremely narrow view of what constitutes unprofessional conduct”

“It’s true that the Code of Conduct mainly focuses on architects’ dealings with clients and builders,” Mr Pick said.

“However, the very first rule requires architects to maintain a reasonable standard of conduct and comply with all applicable laws,” he said.

“Also, the final division of the Code sets out duties to the public and the profession including maintaining integrity and engendering respect.”

Originally published as Victorian planning minister told architect’s board letting bullying slide