DETERMINATION

Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards
(AM2016/6)

REAL ESTATE INDUSTRY AWARD 2010
[MA000106]

4 yearly review of modern awards - Real Estate Industry Award 2010 - substantive issues - variations to clause 16.

A. Further to the decision [[2019] FWCFB 2634] issued by the Fair Work Commission, the above award is varied as follows:

1. By deleting the last sentence appearing in clause 16.1 and inserting “An employee paid on a commission-only basis must not be engaged as a part-time or casual employee.”

2. By deleting clause 16.3(a)(iii) and inserting the following:

(iii) the employee has been engaged in property sales or commercial, industrial or retail leasing as a Real Estate Employee Level 2 or higher with any Licenced Real Estate Agent, or has operated his or her own real estate business, for at least 12 consecutive months in the 3 years prior to entering into a commission-only agreement;

3. By deleting clause 16.3(a)(v) and inserting the following:

(v) the employee is not engaged as a part-time employee, a casual, a junior, a Real Estate Employee Level 1 or a trainee; and

4. By renumbering clause 16.3(b) as 16.3(c).

5. By inserting a new clause 16.3(b) as follows:

(b) For the purpose of clause 16.3(a)(iii), “real estate business” shall mean a business involved in the sale of real property or businesses.

6. By deleting clause 16.5(a) and inserting the following:

(a) Clause 10.3—Part-time employment;

7. By updating cross-references accordingly.

B. Items 2, 4, 5 and 7 of this determination come into operation from 30 April 2019. In accordance with s.165(3) of the Fair Work Act 2009 these items do not take effect until the start of the first full pay period that starts on or after 30 April 2019.

C. Items 1, 3 and 6 of this determination come into operation from 30 June 2019. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 30 June 2019.

VICE PRESIDENT

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