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REIQ Journal : February 2010
Commission-only employees The RE Award 2010 provides that its terms relating to payment of minimum weekly wages, allowances and overtime do not apply to commission-only employees. Furthermore, employees who are paid as commission-only employees are able to be paid any entitlements under the NES in advance, provided the monetary component for each of those entitlements must always be in addition to the minimum commission-only rate. Unincorporated employers On 1 January 2010, Queensland referred its industrial relations powers in respect of non-company private sector employers (such as partnerships and sole traders) to the Commonwealth. This referral is subject to a 12 month transitional period, during which State Awards will be preserved as federal instruments operating on a no- detriment basis with the NES. Revised Realworks agreements The REIQ strongly recommends that employers review their employment practices to ensure compliance with the changes to these laws. Accordingly, the REIQ has revised its agreements and produced a single employment agreement for property salespeople, property managers and strata/community title managers employed by a corporation. Two new forms have also been introduced to provide employers and employees more exible employment arrangements beyond the requirements of the RE Award 2010 but in keeping with the Fair Work Act legislation. 1. Award Flexibility Agreement -- An agreement between the employer and the employee to vary terms in the Real Estate Industry Award 2010 in a way which does not disadvantage the employee in respect to the current terms and conditions of the award. 2. Guarantee of Annual Earnings -- The new award does not cover employees who earn more than a guaranteed $108,300 a year (full- time). This guarantee must be in writing from the employer. Employees employed by non- corporations (e.g. sole traders) will still operate under the Queensland State Awards but subject to the new NES. New Queensland Property Industry Registry (QPIR) forms are also available through Realworks. In Queensland the written agreement of every employee covered by this award must be registered with QPIR. The QPIR registration fee can be shared between employee and employer, and provision for this arrangement is included in the new REIQ Employment Agreement. Additional new/updated employment forms on Realworks Code Name EF042 Employment Agreement - Real Estate Industry Award 2010 (Corporation) EF043 Employment Agreement for Salespeople (Non-Corporation) EF046 Employment Agreement for Property Managers (Non-Corporation) EF048 QPIR - Application to Register Agreement (Corporation) EF056 QPIR - Application to Register Agreement (Non-Corporation) All forms are currently available through Realworks. For more information contact Realworks on 3249 7350 or via email email@example.com. REIQ Journal February 2010 17 INDUSTRY PRACTICE
December January 2010