National Employment Standards for Real Estate Agencies and Property Managers in Australia

Real estate businesses run on people. Whether you operate a suburban sales agency, a boutique property management business, or a growing multi-office group, your team is usually your biggest cost and your biggest asset.

That’s why getting employment compliance right matters. In Australia, every employer has a baseline set of obligations called the National Employment Standards (NES). If you’re looking into national employment standards for real estate, you’re likely trying to work out how those minimum standards apply in the day-to-day reality of agencies and property management teams.

In this guide, we’ll walk you through what the NES is, how it fits with Modern Awards and employment contracts, and the practical issues that often come up in real estate workplaces (like overtime, after-hours property emergencies, weekend work, and managing leave in busy periods).

What Are The National Employment Standards (NES) And Why Do They Matter In Real Estate?

The National Employment Standards are 11 minimum employment entitlements under the Fair Work Act 2009 (Cth). They apply to most employees in Australia (including full-time, part-time and casual employees), regardless of what industry you’re in.

For real estate business owners, the key point is this: the NES is the legal “floor”. You can offer employees more generous entitlements in a contract, but you generally can’t offer less than the NES.

In a typical agency, the NES comes up in everyday decisions, including:

• how you roster property managers and assistants
• how you manage weekend opens and after-hours inspections
• how you record hours and approve overtime
• how you deal with annual leave requests during peak periods
• how you handle a resignation, termination, or redundancy

It’s also important to remember that the NES usually interacts with:

• Modern Awards (which may set pay rates, penalty rates, overtime rules and allowances)
• Enterprise agreements (where relevant)
• employment contracts (your written terms with each employee)

If there’s a conflict, you generally can’t provide less than the NES, and you’ll need to comply with any applicable Award or enterprise agreement conditions. Where multiple terms could apply, employers commonly apply the term that provides the more beneficial entitlement to the employee (while still following the legal hierarchy and the specific rules that apply to each instrument).

How The NES Works With Awards, Commissions, And Real Estate Employment Contracts

Real estate has a few unique employment features. Many businesses use commissions, bonuses, car allowances, and flexible schedules to attract and retain staff. These can absolutely be used in a compliant way, but they need to be structured carefully so you don’t accidentally underpay staff or fall short of NES and Award obligations.

Modern Awards Still Matter (Even If You “Pay Above Award”)

Even if you pay what you consider to be a competitive salary, you still need to check whether an Award applies and whether the employee is better off overall under your arrangement.

Awards can affect things like:

• minimum base rates of pay
• overtime and penalty rates (for weekends, evenings, public holidays)
• allowances (for example, travel-related allowances in some contexts)
• minimum breaks and rostering rules
• consultation requirements for major workplace changes

This is where having an up-to-date Employment Contract can make a real difference, because it lets you clearly set expectations (hours, duties, remuneration structure, and how performance incentives operate) while staying within your legal boundaries.

Commissions And Bonuses Don’t Replace NES Entitlements

A common trap in NES compliance for real estate workplaces is treating variable earnings as if they can substitute for minimum entitlements. For example:

• Commissions don’t automatically “cover” annual leave or personal leave entitlements.
• A bonus scheme doesn’t remove the need to pay overtime or penalty rates where they apply.
• “On-target earnings” is not the same thing as meeting minimum pay requirements.

Some businesses use an “all-inclusive salary” approach or set-off clauses, but these need to be drafted carefully and checked against the relevant Award, as well as the employee’s actual working patterns.

Contractors Vs Employees (A Real Estate Hotspot)

Many agencies engage salespeople, marketers, admin support, or photographers in different ways. If you engage someone as an independent contractor, you still need to be confident the arrangement is genuinely contracting and not an employment relationship in disguise.

If someone is really an employee, the NES applies, regardless of what the agreement is called.

If you’re unsure, it’s worth getting advice early, because misclassification can lead to backpay claims, superannuation issues, and penalties.

The 11 National Employment Standards Real Estate Businesses Must Comply With

Here’s a practical breakdown of the NES entitlements, with notes on where real estate agencies and property managers commonly run into issues.

1. Maximum Weekly Hours

Full-time employees are generally capped at 38 hours per week, plus “reasonable additional hours”.

In real estate, “reasonable additional hours” is where most of the complexity sits. Think:

• back-to-back Saturday opens
• end-of-month leasing rushes
• after-hours urgent maintenance calls
• campaign weeks with late-night vendor meetings

Whether additional hours are “reasonable” depends on factors such as health and safety risks, the employee’s role, compensation, notice, and personal circumstances.

If your team regularly works beyond standard hours, it’s worth reviewing how you record time, approve overtime, and structure remuneration so you stay compliant and avoid burnout.

2. Requests For Flexible Working Arrangements

Eligible employees can request flexible working arrangements in certain circumstances (for example, parenting responsibilities, caring responsibilities, disability, family violence, or if they are aged 55+).

In property management, flexibility requests often relate to:

• school hours rostering
• working from home for admin days
• modified schedules during peak inspection periods

You can refuse a request only on “reasonable business grounds” and you’ll need to respond in writing within the required timeframe. The process matters as much as the outcome.

3. Casual Employment Pathway

The NES includes rules about casual employment, including the pathway to becoming permanent in certain circumstances.

Real estate businesses often use casuals for:

• Saturday reception cover
• signboard changes and basic admin
• events and campaign support

Casual arrangements can work well, but you should keep contracts and rostering practices aligned with the legal definition of casual work. A clear casual employment contract helps avoid confusion about hours, availability, and conversion rights.

4. Parental Leave And Related Entitlements

Eligible employees are entitled to unpaid parental leave and related rights (including the right to request an extension in some cases).

For agencies, the practical challenge is often operational: covering a portfolio, client relationships, and compliance tasks while an experienced staff member is away.

Planning early and documenting handover processes can reduce risk, but you also need to ensure you respect the employee’s entitlements around return-to-work and role protection.

5. Annual Leave

Full-time and part-time employees accrue paid annual leave (casuals do not accrue annual leave).

This can be a pressure point in real estate where peak periods matter. You can usually refuse an annual leave request if the refusal is reasonable, but you should handle this consistently and fairly.

It’s also important to have clear rules for things like:

• leave approval processes
• minimum notice for leave requests
• shutdown periods (if you use them)
• how you treat negative leave balances

If you’re unsure about your boundaries, refusing annual leave is an area where a quick review of your policies and contracts can save a lot of friction later.

6. Personal/Carer’s Leave, Compassionate Leave, And Family And Domestic Violence Leave

Under the NES, permanent employees accrue paid personal/carer’s leave, and all employees (including casuals) can access unpaid carer’s leave in certain situations. There are also compassionate leave entitlements and family and domestic violence leave provisions. Importantly, family and domestic violence leave is a paid entitlement for all employees (including casuals) under the NES.

In real estate, these issues often arise unexpectedly, such as:

• a property manager calling in sick on an inspection-heavy day
• urgent caring responsibilities affecting weekend work
• compassionate leave requests during a busy campaign

Having a consistent process for evidence requirements, handovers, and emergency coverage helps you manage the operational impact while staying compliant.

7. Community Service Leave

Employees are entitled to community service leave for certain activities (for example, jury duty or voluntary emergency management activities).

This isn’t an everyday issue for most agencies, but when it happens it can disrupt rosters. Documenting how the employee should notify you and what evidence is required makes the process easier for everyone.

8. Long Service Leave

Long service leave is not governed by the NES in the same way as other entitlements. It’s typically regulated by state and territory laws.

However, it’s still treated as part of the “minimum safety net” framework that employers need to comply with. If your agency operates across multiple states, long service leave can get complicated quickly.

9. Public Holidays

Employees are generally entitled to be absent on a public holiday, unless you reasonably request them to work and they reasonably refuse (or vice versa, depending on circumstances).

Real estate often has public holiday trading expectations in certain markets, and you may have staff doing essential work (such as emergency maintenance coordination). Award coverage and the type of role will affect what you can require and what you must pay.

10. Notice Of Termination And Redundancy Pay

The NES sets minimum notice periods for termination (or payment in lieu) and redundancy pay, subject to eligibility and exceptions.

This is especially relevant in real estate because agencies often restructure when:

• a rent roll is sold or acquired
• the business loses a major management agreement
• you merge with another office
• you change software/processes and reduce admin roles

There are strict rules around redundancy, including consultation obligations (often also in Awards) and ensuring the redundancy is “genuine”. If you want to pay out notice rather than have the employee work it, payment in lieu of notice needs to be handled carefully, including correct final pay calculations.

11. Fair Work Information Statement And Casual Employment Information Statement

When you hire a new employee, you need to provide them with the Fair Work Information Statement. For casuals, there is also a Casual Employment Information Statement requirement.

This is a “simple admin step” that’s easy to miss when you’re hiring quickly. Consider building it into your onboarding checklist so it never gets overlooked.

Common Real Estate Scenarios Where NES Compliance Gets Tricky

Knowing the NES in theory is one thing. Applying it in a real estate workplace is another.

Here are the scenarios we see catch agencies and property management businesses most often.

After-Hours Property Management Work And On-Call Expectations

Many property managers end up doing some work outside standard hours. Sometimes it’s built into the culture (“just take the call”), and sometimes it’s an official on-call roster.

If you expect after-hours availability, you should think about:

• whether those hours are “reasonable additional hours”
• whether the Award requires an on-call allowance
• how you manage fatigue and workload risks (this is also a WHS issue)
• how you document expectations in the employment contract and policies

Even if your staff are salaried, an “always on” expectation without clear boundaries can create compliance and culture problems.

Weekend Work And Rostering Across Sales And Property Management

Sales agents and property managers often work weekends, but the structure of that work differs.

For example:

• Sales may have scheduled opens, auctions, and buyer appointments.
• Property management may have routine inspections, emergency issues, and leasing opens.

Your obligations depend on Award coverage, employee classification, and contract terms. You’ll also want to be careful about shift change and cancellation practices if you roster casual admin support for Saturdays.

Time Recording, Underpayments, And “It All Evens Out” Arrangements

A risky mindset in any industry (including real estate) is “it all evens out”. If staff work extra hours in busy periods and take it easier later, you still need to ensure you’re complying with minimum entitlements and any Award rules on overtime or time off in lieu (TOIL).

If you use TOIL or flexible hours, you should document:

• how extra time is approved
• how TOIL is accrued and taken
• what happens if TOIL isn’t taken by a certain time
• how it is paid out if employment ends

Resignations During Busy Periods (And Managing Notice)

Resignations often land at the worst possible time. While you can’t “refuse” a resignation, you can manage the process by:

• confirming the notice period in writing
• deciding whether the employee works the notice or you pay out notice
• ensuring a compliant handover of portfolios, keys, and records
• calculating final pay correctly (including leave balances)

Clear contracts and a consistent offboarding checklist reduce the operational impact and the risk of disputes.

What Policies And Documents Should Real Estate Agencies Have In Place?

NES compliance isn’t only about knowing the rules. It’s about embedding them into how you hire, manage, and exit staff.

Here are the key documents that often support a compliant real estate workplace.

• Employment Contract: sets out hours, duties, remuneration (including commissions/bonuses if relevant), confidentiality and termination terms in writing. A tailored Employment Contract is a strong starting point for reducing misunderstandings.
• Casual Employment Contract: clarifies casual loading, rostering expectations, and casual conversion pathways. If you use casuals for weekend cover, a casual employment contract helps align expectations.
• Workplace Policies (Handbook): covers leave requests, conduct, performance management, use of company vehicles, device use, social media, and privacy. Policies help you apply rules consistently across the team.
• Time Recording And Overtime Policy: sets rules for approvals, after-hours work, TOIL (if used), and how you handle emergencies.
• Privacy Compliance Documents: while this is not part of the NES, most real estate businesses collect a large volume of personal information (landlords, tenants, buyers, vendors). A Privacy Policy helps explain how you handle that information.
• Separation/Termination Documents: checklists and letters reduce risk when an employee resigns, is terminated, or is made redundant. If you pay out notice, ensure your approach to payment in lieu of notice is consistent and correctly calculated.

Not every agency will need every document above in the same way. The right set depends on your team size, your service model (sales-heavy vs property management-heavy), and whether you operate across different states.

Key Takeaways

• The National Employment Standards (NES) are the minimum safety net for employees, and they apply to real estate agencies and property management businesses across Australia.
• NES compliance for real estate businesses is usually about how the NES works alongside Awards, employment contracts, and real-world rostering (weekends, after-hours work, and peak periods).
• Common risk areas in real estate include maximum weekly hours, leave management, casual conversion rules, and getting termination/redundancy processes right.
• Commissions, bonuses, and salaries can be structured compliantly, but they don’t automatically override minimum entitlements like leave, notice, or Award-based overtime rules.
• Strong documentation (especially an Employment Contract, clear policies, and consistent time recording) makes it much easier to meet your obligations and avoid disputes.

If you’d like help reviewing your NES compliance in your real estate business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.