Real Estate Industry Award Guide [MA000106]

Real Estate Industry Award Guide [MA000106]

This article provides guidelines on the real estate industry award. For more information on this award, please refer to the real estate industry award.

What is the Real Estate Industry Award?

The Real Estate Industry Award is a set of legal minimum employment standards and conditions that apply to employees working in the real estate industry in Australia.

The award sets out the minimum wage rates, working hours, overtime, annual leave, sick leave, and other entitlements for employees working in various roles within real estate industry, such as property sales associates, representatives and supervisors property management associates, representatives and supervisors,strata / community title management associates, representatives and supervisors.The award is designed to ensure that employees in the real estate industry are treated fairly and receive reasonable pay and conditions for their work.

Who is covered by the Real Estate Industry Award?

Coverage

The real estate industry means providing services associated with the sale, acquisition, leasing and/or management of leasehold or real property and/or businesses, including:

  • residential, commercial, retail, industrial and recreational properties or businesses
  • hotels
  • retirement properties or businesses.

These services include:

  • real estate agencies
  • business and hotel broking
  • strata and community title management
  • stock and station agencies
  • buyers’ agencies
  • real estate valuation.

Examples of employees covered by the Real Estate Award include:

  • property sales associates, representatives and supervisors
  • property management associates, representatives and supervisors
  • strata / community title management associates, representatives and supervisors
  • licensees-in-charge and agency managers.

The Real Estate Award also covers labor hire businesses and their employees who are placed with an organization in the real estate industry.

Employers and employees who perform the following roles are not covered by the Real Estate Award:

  • property valuations
  • selling contracts to build new homes (if the contract doesn’t involve real property transactions)
  • display home hosts
  • real estate photographer
  • handyperson
  • cleaner
  • mortgage broker employed by real estate business
  • clerical duties (except where performed as part of a role that is covered by the award).

How are the hours of work arranged in Real Estate Industry Award?

Ordinary hours of work

Ordinary hours of work are 38 hours per week, which may be worked on any day of the week. Hours of work may be averaged over an 8 week period. The average weekly hours over the period must not exceed:

  • for a full-time employee—38 hours;
  • or for an employee who is not a full-time employee—the lesser of 38 hours;
  • and the employee’s ordinary hours of work in a week.

Breaks

  Unpaid meal break
  •   No employee will be required to work more than 5 hours without an unpaid meal break of at least 30 minutes duration.
  •  If the employee’s rostered hours are not longer than 6 hours the employee may elect, with the employer’s approval, to not take a meal break.
  • Meal breaks are not treated as time worked.

How are wages and allowances calculated in the Real Estate Industry Award?

Minimum rates and Classifications

Employee classification

Minimum weekly rate(full-time employee)

$

Real Estate Employee Level 1 (Associate Level)—first 12 months of employment at this level

898.50

Real Estate Employee Level 1 (Associate Level)—after first 12 months of employment at this level

945.90
Real Estate Employee Level 2 (Representative Level)

995.00

Real Estate Employee Level 3 (Supervisory Level)

1094.50

Real Estate Employee Level 4 (In-Charge Level)

1144.40

Overtime

Day Full-time and part-time overtime rates

Casual overtime rates

% of minimum hourly rate

Hours other than on a rostered day or half day off—all day

100% 125%

Hours on a rostered day or half day off—first 2 hours

150% /
Hours on a rostered day or half day off —after 2 hours 20%

/

Allowance

Allowances

Rate

Expenses reimbursement

reimbursement for work-related expenses

Mobile phone reimbursement

reimbursement of at least 50% of the cost of the employee’s monthly mobile phone plan

(for a maximum monthly phone plan of $100)

Mobile phone reimbursement

reimbursement of at least 50% of the cost of the employee’s monthly mobile phone plan

(for a maximum monthly phone plan of $100)

Motorcycle allowance

$0.32 per km up to a maximum of 400 kms per week

Stand-by and call-out allowance – strata / community title

management or property management classifications only

a method of payment agreed in writing between the employee and employer for due

compensation for the employee being on stand-by and/or call-out

Motor vehicle allowances

Where an employee is required to use their own motor vehicle in the course of their employment, they can be reimbursed by:

• Payment of a standing charge plus an amount per kilometre travelled in performing their duties, or

• Payment of a lump sum, or

• $0.95 per kilometre to a maximum of 400km per week

How is the leave managed in the Real Estate Industry Award?

In real estate industry award, leave entitlements for employees are determined by the National Employment Standards (NES) and the classification of the employee.

Annual leave

All annual leave is per the National Employment Standards NES.

Payment for annual leave

  • Payment for annual leave will be made either at the time the employee takes annual leave or on the employee’s normal pay day(s) throughout the period of leave.
  • Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave

Public holidays

Public holidays are provided for in the  NES.

  • The employer may require the employee to work on a public holiday.
  •  An employee who works on a public holiday at the direction of the employer will be entitled to be paid 200% of the minimum hourly rate for the hours worked, with a minimum payment for 3 hours work.
  • Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period.

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