Real Estate Industry Award

Coverage depends on both the business activity and the employee's actual level of work. Real estate style job titles are not enough by themselves.

• Check that the business is providing services within the real estate industry definition in clause 4.2.
• Give the employee a written classification at engagement and whenever the classification changes.
• Level 1 associates work under supervision and cannot be responsible for listing or selling property or businesses or managing rental or strata or community title properties.

Weekend inspections and flexible rosters are common in real estate, but the award still imposes a clear hours and break framework.

• Ordinary hours are 38 per week and may be worked on any day of the week.
• Hours may be averaged over 8 weeks, but the average cannot exceed the clause limits.
• Employees other than casuals must get either one and a half or 2 rostered days free of duty each week, and no employee should work more than 5 hours without at least a 30 minute unpaid meal break unless the short roster exception is used.

The award allows incentive arrangements, but only if they are documented and administered with discipline rather than handled informally.

• Any commission on top of wages, and any bonus or incentive entitlement, must be set out in a written agreement.
• Give the employee a signed copy and use a further written agreement if the arrangement changes later.
• Account to the employee in writing for the entitlement, and pay it within 14 days after it becomes payable, noting it only becomes payable after the employer receives cleared funds from the client.

Most commission mistakes happen because employers blur together ordinary commission arrangements and commission-only employment. The award treats them very differently.

• Commission-only employment is a separate model from wages plus commission. It is only available to certain Level 2 or higher employees engaged in property sales or commercial, industrial or retail leasing.
• The employee must be at least 21, appropriately licensed or permitted under real estate law, have the required 12 consecutive months of prior experience in the last 3 years, and must not be part-time, casual, junior, a Level 1 employee or a trainee.
• The award sets a minimum commission-only rate, requires annual review against the minimum income threshold amount, and requires the arrangement to stop if the threshold is not met.

Private vehicle use is a live issue in real estate businesses. The award gives a structured reimbursement model and it should be followed deliberately.

• If the employer requires an employee to use their own motor vehicle, reimbursement must be made under the standing charge and per kilometre method, an agreed written lump sum under clause 17.2, or the alternative per kilometre method under clause 17.3.
• Part-time and casual employees paid under clause 17.2 use a daily one-fifth calculation for the standing charge or lump sum component.
• Keep the required records where the alternative per kilometre method is used, and remember these vehicle allowance clauses do not apply to commission-only employees.

The award is important, but it is not always the last step in the coverage analysis. Overlap questions still matter before payroll is locked in.

• The National Employment Standards continue to apply alongside the award.
• Enterprise instruments and State public sector awards can displace coverage.
• If another award could also cover the employer, use the classification most appropriate to the work performed and the environment in which it is normally performed.

PR799280, PR799386, PR799541

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 14 - Minimum rates, 17 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule D - Supported Wage System