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Real Estate Industry Award 2010 – Registration of Written Agreements – Commission, Bonus & Incentive Payment Arrangements
Why Agreement Registration?
In order to preserve the integrity of commission, bonus & incentive payment arrangements between employers and their employees, the Real Estate Industry Award 2010 makes it compulsory that such arrangements be:
- in writing
- registered with a third party that is independent of the employee-employer relationship.
In Queensland the independent third party is the Queensland Property Industry Registry (QPIR), which is run by the registered industrial organisations – the Real Estate Employers' Association and the PSAQ (ourselves).
Visit www.fwc.gov.au and download the Real Estate Industry Award 2010.
What authority does QPIR have to request this information?
The authority is given by the Real Estate Industry Award 2010, which was approved by the Full Bench of the (federal) industrial relations commission under the Fair Work Act 2009.
Who needs an agreement registered?
Employees covered by the Real Estate Industry Award 2010 need to have an agreement registered, that is: Salespeople, Sales Associates, Property Managers, Property Management Associates, Strata/Community Title Management employees and Associates.
Do clerical or administration staff need to have an agreement registered?
No, provided they primarily perform clerical and administration duties.
Do the owners or principals of the business need to have an agreement registered?
Yes, if they are also employees of the business. Otherwise, no.
Do partners in the business who receive a weekly wage or salary need to have an agreement registered?
Yes, if they are also employees of the business. Otherwise, no.
Do family members need to have an agreement registered?
Yes, if they are employees of the business. Otherwise, no.
Do contractors need to have an agreement registered?
The question as to whether a person is a contractor or employee is something that all parties should be very wary about. Just because a person provides an ABN number and supplies a Tax Invoice does not automatically make that person a contractor.
Employers have been prosecuted for employing persons under such arrangements when it is clear that the person is an employee and not a contractor. We suggest that parties seek comprehensive advice from a specialist workplace relations lawyer regarding such matters, and not just rely on an accountant or suburban solicitor’s view.
The Federal regulator (the Fair Work Ombudsman) has published information regarding contractors vs. employee and sham contracting - please visit:
Fair Work Ombudsman - Sham Contracting
Is the registration of agreements something new?
No, the requirement to register agreements has been in place in Queensland since 1997, and interstate for over 30 years.
What happens if I don’t register agreements?
Failure to register agreements is a breach of the award and as such, employers can be prosecuted for this breach. A penalty of $33,000 for corporation or $6,600 for individuals can be applied to employers if found guilty.
What are the fees and who are they payable to?
The administration fee is $160.00 (including GST) per employee per agreement.
Where do I send the documentation?
Send an Application to Register Agreement (available from QPIR), an original copy of each employee’s agreement, and payment for the administration fee, to:
QPIR
PO Box 274
ROCHEDALE SOUTH QLD 4123
Do I have to do this each year?
No, registration of your employee’s agreement only needs to be done once.
Do I have to register any alteration to an employee’s arrangements and is a fee payable?
You are required register any variation to commission, bonus or incentive payment arrangements. An additional fee is payable - this is normally set at 50% of the full administration fee.
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For Employees of Corporations
- Overview - Real Estate Industry Award 2010
- Employment agreements - do they need to be replaced?
- Small Business Fair Dismissal Code + Checklist
For Employees of non-Corporations
Advice from Specialist Counsel
- Impact of the Modern Award and Other Changes - 18/12/2009
- Impact of the Modern Award on Existing Agreements - 15/1/2010
The Real Estate Industry Award 2010 was approved by the Australian Industrial Relations Commission (now Fair Work Australia) on 4/12/2009. This award:
- is based on a 'consent' award developed by the real estate unions and a real estate employers' consultative group during 2009
- covers those employees engaged in property management, property sales or strata & community title management
- applies to employees of corporations from 1 January 2010
- applies to employees of non-corporations from "the end of the full pay period commencing before 1 February 2011"
- must be read in conjunction with the new National Employment Standards (NES).
The award adopts the minimum provisions of the federal workplace relations legislation and, just as importantly, is finely-tuned to the needs of the real estate industry.
Download:
| Real Estate Industry Award 2010 (as varied) | FWO Pay Guide Property Sales Ex-NAPSA |
| Deputy Prime Minister's Letter to the PSAQ | FWO Pay Guide Property Management Ex-NAPSA |
Mandatory Registration of Agreements
Employees should particularly be aware of the mandatory requirement for all employers to make and register with QPIR written agreements with their property sales, property management and strata & community management employees.
Click Here for More Details about Agreement Registration
Agreement Suppliers:
Agreements by REPSA (corporations only)
Please Note:
To view/print the award you'll need Adobe Reader:
The question as to whether a person is a contractor or employee is something that all parties should consider carefully.
Just because a person provides an ABN number and supplies a tax invoice this does not automatically make that person a contractor.
Employers have been prosecuted for employing persons under such arrangements when it is clear that the person is an employee and not a contractor. We suggest that parties seek comprehensive advice from a specialist workplace relations lawyer regarding such matters, and not just rely on an accountant or suburban solicitor’s view.
Although there are many circumstances where it is lawful for a business to engage an independent contractor, the law is there to protect employees from being treated as an independent contractor when they should in fact be regarded as an employee.
The Fair Work Ombudsman (FWO) has published information regarding contractors vs. employee and sham contracting:
Fair Work Ombudsman - Sham Contracting
See also:
FWO media release regarding this prosecution
PSAQ Secretary to real estate businesses
Information about PSAQ membership
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