4 April Are we there yet? Yes, we are ... almost April 4, 2018 By Reef Admin Real Estate Industry Award 0 The new Real Estate Industry Award is here. From 2 April 2018 real estate agencies must have implemented the necessary changes. But there’s potentially still more change to come. The review process for our industry-specific award is now at an end, but the Fair Work Commission is still examining a number of “common issues” as part of the overall review of all modern awards. These common issues will potentially impact the final make-up of all awards operating in Australia’s workplace relations system, including the Real Estate Industry Award. The three common issues that may potentially impact employment arrangements in the real estate industry are: Arrangements for part-time and casual employees – The Fair Work Commission is examining minimum engagement periods for both part-time and casual employees, as well as the right for a regular casual employee to be able to convert to part-time status after 12 months of employment. Termination of employment provisions – Also on the Commission’s radar is the standardisation of termination of employment provisions across all awards. REEF has made a submission asking that the provision in the Real Estate Industry Award providing for a one week notice period of an employee’s resignation be left unchanged. Rules for payment of wages – The Commission is considering whether to adopt a model to regulate the timing and method by which an employee’s remuneration is made. REEF has made a submission expressing our concern about the effect the model clause may have on the payment of sales commission. It’s impossible to know what to expect from the Fair Work Commission’s review of these common issues. Further, at this stage, we can’t confidently predict when the issues will be finally determined. We’ll keep you up to date. As soon as these common issues are finalised, we’ll send you a hard copy of the new Real Estate Industry Award. Snapshot of the main changes to the Real Estate Industry Award Classification structure – A new broad-band classification structure replaces the structure based on job title. Rates of pay – The minimum rates of pay specified in the award have increased. Commission-only employment – There have been significant changes to commission-only employment, including a new qualifying test and the introduction of an annual review. Mobile phone allowance – The way an employee is reimbursed for the use of their own mobile phone has changed. Motor cycle allowance – A new motor cycle allowance has been introduced. Post-employment sales commission – An employee’s entitlement to be credited with commission from post-employment sales has changed. For a detailed explanation of each of the above, read Real Estate Industry Award: Out with old, in with new. Need a copy of the new award? You can download the Real Estate Industry Award and Clerks – Private Sector Award by logging into the REEF People Management System. Simply go to reef.org.au, click on the ‘Login’ button and then enter your details. You can download the latest versions under the ‘Awards and wages’ tab. Questions? If you have questions about any aspect of the new Real Estate Industry Award, please don’t hesitate to give us a call on 1300 616 170. Our team of Workplace Relations Advisors are on hand to answer your questions and step you through the implementation process. Related Is there a minimum notice period for casual employees? Most employers know that there is a minimum notice period that must be given when terminating a full-time or part-time employee. But what about a casual employee? Redundancy roadmap: What if there's not enough work? As the property market continues to slow, many agencies are facing tough decisions when it comes to their employees. What can you do when there's no longer enough work to go around? Is redundancy an option? The difference between unfair dismissal and general protections When dealing with dismissals, it's important to understand the difference between unfair dismissal and general protections. Payroll tax and independent contractors In recent years, far too many real estate employers have paid a heavy price for failing to understand the difference between bona fide independent contracting arrangements and those ultimately found to be an employment relationship. REEF President gives 2017 annual report at AGM At the recent AGM, REEF President Fred Andriessen presented his annual report and provided a snapshot of just some of the activities REEF has been involved in over the course of 2017. How can I restrain an ex-employee's conduct? It’s a common misconception that a post-employment restraint in an employee’s contract of employment isn’t worth the paper it’s written on. But the absence of a restraint leaves you with very limited opportunity to restrain an ex-employee's objectionable conduct. Comments are closed.