- Real Estate Industry Award 2010 ↓
- Agreement Registration | NSW | Queensland | Frequently Asked Questions ↓
- Fact Sheets ↓
- National Employment Standards ↓
- Sham Contracting ↓
- General ↓
The Real Estate Industry Award 2010 applies to:
- property management employees
- property salespeople
- strata & community title management employees.
It was approved by the Australian Industrial Relations Commission (now the Fair Work Commission) on 4/12/2009. This award:
- is based on a 'consent' award developed by the real estate unions and a real estate employers' consultative group during 2009
- covers those employees engaged in property management, property sales or strata & community title management
- applied to employees of corporations from 1 January 2010
- applied to employees of non-corporations from "the end of the full pay period commencing before 1 February 2011"
- must be read in conjunction with the new National Employment Standards (NES).
The Real Estate Industry Award 2010 adopts the minimum provisions of the federal workplace relations legislation and, just as importantly, is finely-tuned to the needs of the real estate industry.
Download:
| Real Estate Industry Award 2010 (as varied) | FWO Pay Guide Property Sales Ex-NAPSA |
| Deputy Prime Minister's letter | FWO Pay Guide Property Management Ex-NAPSA |
Mandatory Registration of Agreements
Employees should particularly be aware of the mandatory requirement for all employers to make and register written agreements with their property sales, property management and strata & community management employees.
Click Here for More Details about Agreement Registration
Agreement Suppliers:
Agreements by REPSA | For 'National System' employers (i.e. all except non-corporations in WA)
Please Note:
To view/print the award you'll need Adobe Reader:
Real Estate Industry Award 2010 | Registration of Written Agreements | Commission, Bonus & Incentive Payment Arrangements
Who does this information apply to?
The information on this page applies to 'real estate' employers and their employees in New South Wales & Queensland only.
Why Agreement Registration?
In order to preserve the integrity of commission, bonus & incentive payment arrangements between employers and their employees, the Real Estate Industry Award 2010 makes it compulsory that such arrangements be:
- in writing
- in some states, registered with third parties independent of the employee-employer relationship.
The 'independent third parties' are as follows:
- In New South Wales, the registered industrial organisations – the Real Estate Employers' Federation & APSA NSW Branch.
- In Queensland, the Queensland Property Industry Registry (QPIR), which is managed by the registered industrial organisations – the Real Estate Employers' Association & APSA Queensland Branch.
Visit the Fair Work Commission website to download the Real Estate Industry Award 2010.
What authority do the 'independent third parties' have?
The authority is given by Schedule E to the Real Estate Industry Award 2010, which was approved by the Full Bench of the Fair Work Commission under the Fair Work Act 2009.
Who must have an agreement registered?
All employees in NSW & Queensland covered by the Real Estate Industry Award 2010 must have an agreement registered - that is:
- property managers & property management associates
- property salespeople & sales associates
- strata/community title management employees & associates.
Are clerical or administration staff required to have an agreement registered?
No, provided they primarily perform clerical and administration duties.
Are the owners or principals of the business required to have an agreement registered?
Yes, if they are also employees of the business. Otherwise, no.
Are partners in the business who receive a weekly wage or salary required to have an agreement registered?
Yes, if they are also employees of the business. Otherwise, no.
Are family members required to have an agreement registered?
Yes, if they are employees of the business. Otherwise, no.
Are contractors required to have an agreement registered?
The question as to whether a person is a contractor or employee is something that all parties should be very wary about. Just because a person provides an ABN number & a tax invoice this does not automatically make that person a contractor.
Employers have been prosecuted for employing persons under such arrangements when it is clear that the person is an employee and not a contractor. We suggest that parties seek comprehensive advice from a specialist workplace relations lawyer regarding such matters, and not just rely on an accountant or suburban solicitor’s view.
The Federal regulator, the Fair Work Ombudsman (FWO) has published information regarding contractor vs. employee, and sham contracting. Please visit:
Fair Work Ombudsman | Sham Contracting
See also the decision on a court case run by the Fair Work Ombudsman:
Is the registration of agreements something new?
No. The requirement to register agreements has been in place in Queensland since 1997, and in NSW for over 30 years.
What happens if the employer doesn’t register an agreement?
Failure to register an agreement is a breach of the award and as such, employers can be prosecuted for this breach. A penalty of $33,000 for corporation or $6,600 for individuals can be applied to an employer if found guilty.
Where do I send the agreement for registration?
This varies state to state. Please refer to Schedule E to the award.
Do I have to register a new agreement every year?
No. Registration of an employee’s agreement only needs to be done once (unless agreed otherwise by the employee and their employer).
Do I have to register any alteration to an employee’s arrangements and is a fee payable?
The award requires registration of any variation to commission, bonus or incentive payment arrangements. An additional fee may be payable - this is normally set at a maximum of 50% of the full administration fee.
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For employees of corporations | All States & Territories
For employees of NON-corporations | Except WA
Advice from Specialist Counsel | This information relates primarily to Queensland
- Impact of the Modern Award and other changes | 18/12/2009
- Employment agreements | Do they need to be replaced? | 18/12/2009
- Impact of the Modern Award on existing agreements | 15/1/2010
The National Employment Standards (NES) apply to all employees. The employer must give any employee who commences work from 1 January 2010 must be given a Fair Work Information Statement about the NES.
Download:
Fair Work Information Statement- Annual Leave
- Community Service Leave
- Long Service Leave
- Maximum Weekly Hours
- Notice of Termination & Redundancy Pay
- Parental Leave & Related Entitlements
- Personal, Carers & Compassionate Leave
- Public Holidays
- Requests for Flexible Working Arrangements
Please Note:
To view/print the above documents you'll need Adobe Reader:
The question as to whether a person is a contractor or employee is something that all parties should consider carefully.
Just because a person provides an ABN number and supplies a tax invoice this does not automatically make that person a contractor.
Employers have been prosecuted for employing persons under such arrangements when it is clear that the person is an employee and not a contractor. We suggest that parties seek comprehensive advice from a specialist workplace relations lawyer regarding such matters, and not just rely on an accountant or suburban solicitor’s view.
Although there are many circumstances where it is lawful for a business to engage an independent contractor, the law is there to protect employees from being treated as an independent contractor when they should in fact be regarded as an employee.
The Federal regulator, the Fair Work Ombudsman (FWO) has published information regarding contractor vs. employee, and sham contracting. Please visit:
Fair Work Ombudsman | Sham Contracting
There has also been a significant decision made by the courts:
See also:
FWO media release regarding this prosecution
PSAQ Secretary to real estate businesses
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