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REIQ Journal : February 2010
Incorporated employers The RE Award 2010 and the NES set the minimum standards of employment for employees of incorporated employers, who are engaged in real estate occupations. However, the Employment Agreement for Employees Employed by Company Employers (Employment Agreement) allows employers and employees to enter into individualised arrangements in the following ways: 1. Employees covered by the RE Award 2010 and earning over a speci ed amount (currently $108,300) may exclude its application by entering into a formal Guarantee of Annual Earnings with their employer; 2. The Employment Agreement allows the employee to be paid on a commission-only basis. If the employee is to be paid as commission-only, the parties should indicate on the Employment Agreement how the employee's NES leave entitlements are to be paid (i.e. these entitlements may be paid in advance); 3. The employer and the employee may also choose to enter into an Award Flexibility Agreement to vary the application of the RE Award 2010 relating to arrangements for when work is performed, overtime rates, penalty rates, allowances and leave loading; 4. The Employment Agreement enables employers and employees to agree to o set allowances against commissions, bonus or incentive payments, or to include some allowances in the employees' base salary in accordance with the requirements of the RE Award 2010; 5. Parties are able to record individual arrangements as to how commissions and bonuses are to be paid; and 6. The Employment Agreement allows parties to record any special conditions of the Employment Agreement. Employers should be mindful that an employee's entitlements under the NES cannot be reduced by agreement, regardless of their salary or the application of any industrial instrument. Allowances There are a number of mandatory allowances payable to employees under the RE Award 2010 however, its transitional provisions (which apply until 31 December 2014) mean that the allowance provisions will apply to employees covered by the award in di erent ways, for example, during the transitional period: No motor vehicle allowance is payable to an employee engaged under a property sales classi cation (referred to in the Employment Agreement as a 'Sales Employee'); and If the employer was not required under an industrial instrument to pay compensation for stand-by/call-out allowance or a mobile telephone allowance and the employer and employee did not have an agreement immediately prior to 1 January 2010 to do so, the parties may agree to o set these entitlements against the employee's commission, bonus or incentive payment entitlements. If not, this entitlement may be included as a component of the employee's base salary provided that this component of the salary is in addition to the minimum wage and identi ed in the Employment Agreement. Awards prompt employment contract review By Nerida Jessup, Lawyer, and Paul Hardman, Partner, Holding Redlich On 1 January 2010 a number of signi cant changes to industrial relations laws took e ect, including the commencement of the National Employment Standards (NES) and Real Estate Industry Award 2010 (RE Award 2010) and the referral of Queensland's private sector industrial relations power to the Commonwealth (which will a ect unincorporated employers). REIQ Journal February 2010 16 Industry Practice
December January 2010