Employment Information
Real Estate Industry Award 2010

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 from 1 January 2010
  • 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


 

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)

Realworks Live

 

Please Note:

To view/print the award you'll need Adobe Reader:

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Agreements

Real Estate Industry Award 2010  | Commission, Bonus & Incentive Payment Arrangements

Who does this information apply to?

The information on this page applies to 'real estate' employers and their employees  

 Agreements  

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

Compulsory Registration of these agreements with an Independent Third Party is no longer a requirement but parties to the agreement may elect to have their agreement so Registered for Safe Keeping

Visit the Fair Work Commission website to download the Real Estate Industry Award 2010.

 

Are contractors required to have an agreement?

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:

   FWO v Property Lovers | 2013

 

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Fact Sheets


For employees of corporations | All States & Territories


  

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National Employment Standards

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:


 

Please Note:

 To view/print the above documents you'll need Adobe Reader:

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Sham Contracting

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:

   FWO v Property Lovers | 2013


See also:

FWO media release regarding this prosecution

PSAQ Secretary to real estate businesses

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