Changes to the Real Estate Award
15 May 2019
On 1 May 2019, the Fair Work Commission handed down a decision to change the Real Estate Award.
The decision changes how commission-only payments for salespersons apply and who they apply to. Read on to find out what these changes mean for you.
The changes apply in 2 stages. The first from the first full pay period on or after 30 April 2019 and the second from the first full pay period on or after 30 June 2019.
What are the changes?
30 April 2019 changes
The Commission has removed the phrase 'was an active licensed real estate agent' from clause 16.3 and replaced it with 'has operated his or her own real estate business'. They have also included a definition of a real estate business to mean 'a business involved in the sale of real property or businesses'.
The Commission has said this change is only to clarify the meaning of the clause.
30 June 2019 changes
Employers will no longer be able to employ part-time employees as commission-only salespeople from the first pay period on or after 30 June.
The Commission have said there will be no 'grandfathering' of the clause, which means this will affect all current part-time commission-only employees as their payment method will need to change to the hourly rates provided by the award.
Which resources have been updated?
Our industry filtered content on the Piece rates & commission payments page has been updated to include this information. You can access the information by selecting the Real estate industry and sub-industry in the drop down menu towards the bottom of the page.
We’ve also updated our tailored real estate industry content in My account. If you don't already have an account, you can sign up to get industry tailored information and updates.
Please note, the Commission is currently undertaking its annual review of minimum wages, which means award wages may change. The Commission usually announce their decision in early June.
You can read the Commission's full decision
and the determination
varying the Real Estate Award.
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