Real Estate Association of NSW
Employment Information

Before employment commences, a certificate of registration must be obtained from the Office of Fair Trading. Employees are governed by the Property Stock and Business Agents Act and it’s regulations (a copy of the act can be viewed on line by visiting http://www.austlii.edu.au). Click on New South Wales, and then New South Wales Consolidated Acts.

Employees are covered by the Real Estate Industry Award 2010 - see below.

National Employment Standards

The National Employment Standards (NES) apply to all employees.  The employer must give any employee who commences work from 1 January 2010 must be given a Fair Work Information Statement about the NES.

Download:


 

Please Note:

 To view/print the above documents you'll need Adobe Reader:

Real Estate Award

On 4/12/2009 the Australian Industrial Relations Commission (now Fair Work Australia) approved the Real Estate Industry Award 2010.  This award:

  • is based on a 'consent' award developed by the real estate unions and a real estate employers' consultative group during 2009
  • operated from 1 January 2010
  • covers those employees engaged in property management, property sales or strata & community title management
  • applied to employees of corporations from 1 January 2010
  • applied to employees of non-corporations from February 2011
  • must be read in conjunction with the new National Employment Standards (NES).

The award adopts the minimum provisions of the new federal workplace relations legislation, but just as importantly, is finely-tuned to the needs of the real estate industry.

Download:

Real Estate Industry Award 2010 (as varied)

Deputy Prime Minister's Letter


Please Note:

The Real Estate Industry Award 2010 applied to corporations from 1 January 2010, and to private (non-corporation) employers from February 2011.

 

Agreement Suppliers:

Agreements by REPSA | Real Estate Personnel Solutions Australia Pty Ltd

Realworks Live

 

Please Note:

To view/print the award you'll need Adobe Reader:

Sham Contracting

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.

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 Federal regulator (the Fair Work Ombudsman) has published information regarding contractors vs. employee and sham contracting - please visit:

   Fair Work Ombudsman - Sham Contracting

Wage Rates

Please click to obtain the current wage rates:


 Real Estate Industry Award (Wage Rates 1 July 2013 - Adult - NSW)

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