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0(573)

SERIAL C4214

Real Estate Industry (State) Award 2003, The

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by NSW Industrial Registrar.

(No. IRC 4144 of 2005)

Before The Honourable Mr Deputy President Harrison

24 November 2005

REVIEWED AWARD

INDEX

PART A

COMMON PROVISIONS

Clause No. Subject Matter

1. Scope Of Part A

2. Anti Discrimination

3. Definitions

4. Terms Of Employment

5. Structural Efficiency

6. Duties Of Employees

7. Expenses

8. Meal Break

9. Mobile Telephones

10. Uniforms

11. Employment Agreements

12. Salespersons Commission

13. Annual Holidays

14. Long Service Leave

15. Superannuation

16. Sick Leave

16A. Personal/Carers Leave

17. Redundancy

18. Grievance Procedure

19. Area, Incidence And Duration

PART B

Salespersons (Wholly Or Partly Salaried), Property Managers, Property Officers And Licensees‑In‑Charge

20. Scope Of Part B

21. Remuneration ‑ General

22. Remuneration ‑ Salespersons

23. Remuneration ‑ Property Managers

24. Remuneration ‑ Property Officers

25. Remuneration ‑ Licensees‑In‑Charge

26. Remuneration - Probationary Salespersons

27. Part‑Time Employees

28. Casual Employees

29. Rostered Days Off ‑ Salespersons And

Licensees-In-Charge

30. Rostered Days Off ‑ Property Managers &

Property Officers

31. Locomotion

32. Telephone

33. Annual Leave Loading

34. Public Holidays

35. Jury Service

36. Compassionate Leave

37. Exemptions

PART C

Commission Only Salespersons

38. Scope Of Part C

39. Exclusion

40. Alternative Form Of Employment

41. Employee

42. Application Of Certain Benefits

43. Remuneration

44. Rostered Days Off

PART D

SCHEDULES

1. Employment Agreement

2. Certificate Of Exemption

3. Employee’s Travel Schedule

PART E

Rates Of Pay

Table 1 - Rates Of Pay

Table 2 - Other Rates And Allowances

PART A

COMMON PROVISIONS

1. Scope of Part A

This PART shall apply generally in this award. Where a provision in this Part is in conflict with a provision of Parts B or C the provision in Parts B or C shall prevail.

2. Anti Discrimination

(1) It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

(2) It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

(3) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

(4) Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti- discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

(5) This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

NOTES:

(a) Employers and employees may also be subject to Commonwealth anti- discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in this Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

3. Definitions

Unless the context of the award otherwise requires:

(a) "Builder" shall mean any person or company licensed by the Building Services Corporation of New South Wales.

(b) "Casual employee" shall mean an employee engaged and paid as such.

(c) "Employee" shall include all salespersons however employed, property managers, property officers and licensees‑in‑charge.

(d) "Employer" shall mean real estate agent, stock and station agent, business agent, strata managing agent, builder, property developer, auctioneer or any other person employing salespersons.

(e) "Licensee‑in‑Charge" shall mean an employee who is a holder of a licence under the Property Stock and Business Agents Act 2002 (NSW), or its predecessor Act, who is employed as the person in charge of a place of business as required by Section 31 of the said Act.

(f) "Part‑time Employee" shall mean a salesperson, property manager or property officer who, in the case of a part‑time salesperson regularly works fewer than five days a week, or, in the case of a part‑time property manager or property officer, is engaged for a minimum of 3 hours for each start.

(g) "Probationary Salesperson" shall mean any person employed as a salesperson and who has been so employed for a period of not more than six months as a salesperson in the real estate industry.

(h) "Property Management Functions" shall include:

(i) selection of tenants

collection of rents

payment of outgoings

accounting to the owner

care and maintenance of the structure and its equipment

preparation of management agency agreement

negotiation of lease terms and conditions

preparation of Residential Tenancy Agreement

liaison with owners of property

taking inventory prior to occupancy

inspecting property prior to termination of tenancy

inspecting property prior to occupancy

preparation of Rental Bond Board documents checking and collection of arrears of rent

preparing end of month reconciliations for property owners

preparation and execution of termination notice

preparation and registration of lease agreement

reporting regularly to owners on conditions of property

reporting to owners on market conditions e.g. rental levels

appraising properties for rental

liaison with tradesmen

arranging and checking repairs

checking invoices

arranging connection of power

inspecting properties to determine repairs needed

preparing budget for Owners Corporation

attending meetings of the Executive Committee of the Owners Corporation or the Owners Corporation

collecting contributions of maintenance and sinking funds for the Owners Corporation

preparation of an application for an order from the Residential Tenancies Tribunal

appearing before the Residential Tenancy Tribunal

(ii) the management for and on behalf of any employer of any commercial property including but not limited to, multi- storey buildings, shopping centres, shopping arcades, shops, office space, car parking space, hotels, motels, showrooms, car yards, service stations and boarding houses, irrespective of the form of title, whether built or to be built and or vacant land used for commercial purposes;

(iii) the management for and on behalf of any employer of any industrial property including but not limited to, factories, warehouses and storage facilities, irrespective of the form of title, whether built or to be built and or vacant land used for industrial purposes;

(iv) the management for and on behalf of any employer of any residential property including, but not limited to, free standing houses, semi- detached houses, town houses, villas, home units and residential flats or flatettes, irrespective of the form of title, and time- sharing of property or portion of property irrespective of whether built or to be built;

(v) the management for and on behalf of any employer of any company title home unit, strata title home unit, strata title town house, strata title villa, strata title commercial building, strata title industrial building, company title unit building and strata title home unit building;

(vi) the management for and on behalf of any employer of any rural property including, but not limited to dairy farms, sheep and wheat stations, mixed produce farms, fruit or nut plantations, market gardens and mini- farms, with or without improvements whether built or to be built.

(i) "Property Manager" shall mean an employee appointed by the employer to manage the property management functions of any agency.

(j) "Property Officer" shall mean an employee who assists a property manager in the property management functions of an agency.

(k) "Salesperson" shall mean any person employed as a salesperson, which term shall include a lister

(i) in connection with the sale or leasing of land either improved or unimproved; or

(ii) in connection with the sale or leasing of buildings whether built or to be built including home units (irrespective of the form of title); or

(iii) in connection with the sale or leasing of homes including project or volume homes and packages of land and home whether built or to be built; or

(iv) in connection with the arranging for or on behalf of any employer for the selling of and for the erection of buildings for and on behalf of any other person or company; or

(v) in connection with the sale leasing or brokerage of businesses of any kind; or

(vi) in connection with the arranging for and on behalf of any employer, the selling or assigning of time sharing of property or portion of property for and on behalf of any other person or company; or

(vii) in connection with the arranging for and on behalf of any employer, the selling or assigning of retirement villas or units, or portion of property for related purposes, for and on behalf of any other person or company; or

(viii) by an auctioneer or stock and station agent; or

(ix) Salesperson shall not include any person employed for the major or substantial part of his or her time in the sale of livestock; any person employed for the major or substantial part of his or her time as a property manager, property officer and/or in the collection of rents; any person employed for the major or substantial part of his or her time in any clerical capacity; licensee‑in‑charge.

(l) "Salesperson’s or employee’s commission" shall be any payment made to an employee in accordance with his or her contract of employment and evidenced in an Employment Agreement.

(m) "Settled Sale" shall mean a sale in respect of which an employer has received commission.

(n) "Time Sharing" of property shall mean an arrangement by which one party sells or assigns to another party the right to occupy a property or portion of a property for a fixed or floating period each year and to use and have the benefit of certain facilities on such property or portion thereof.

(o) "Weekly Employee" shall mean an employee other than a casual employee.

4. Terms of Employment

(a) Except in respect of casual employees, employment shall be on a full-time or part-time basis.

(b) An employee must give one week’s notice in writing to the employer of the intention to terminate his/her services. The employer may in those circumstances elect to pay one week’s pay in lieu of notice. In the event that notice is not so given, the employee shall forfeit one week’s pay in lieu of notice. The employer is not required to accept any period of notice greater than one week, other than by agreement.

(c) The employer may terminate the employment of the employee by giving the employee the notice (or payment of salary in lieu of notice) referred to in the following table:

Employee’s Period	Minimum Period
Of Continuous Service	Of Notice

Not more than 1 year	1 week
more than 1 year but less than 3 years	2 weeks
more than 3 years but less than 5 years	3 weeks
more than 5 years	4 weeks

IF THE EMPLOYEE IS 45 YEARS OF AGE OR OLDER AND HAS BEEN EMPLOYED BY THE EMPLOYER FOR AT LEAST 2 YEARS, THE EMPLOYEE SHALL BE ENTITLED TO AN ADDITIONAL ONE WEEK’S NOTICE (OR PAYMENT OF SALARY IN LIEU OF NOTICE).

(d) Notwithstanding the provisions of sub clause (c) herein the employer may dismiss an employee for misconduct in which case the employee shall be paid up to the time of dismissal only.

(e) All salary, locomotion allowance, telephone allowance, expenses, payment under the Annual Holidays Act 1944 (NSW), payment of annual holidays loading and payment under the Long Service Leave Act 1955 (NSW), which are due and payable shall be paid to the employee within three working days of termination of employment.

(f) An employee shall apply himself/herself to the work directed to be done by the employer and the employee shall personally attend at such place and at such times as the employer may reasonably require. If the employee is unable to attend work and it is possible for him/her to notify the employer he/she shall forthwith do so. The employee shall give such evidence for his/her inability to attend as the employer may reasonably require.

(g) All listings, documents and records used in the employer's business shall remain the property of the employer. Upon termination of an employee’s employment for any reason, the employee shall immediately deliver up to the employer any listing or property management documents (that may be in either electronic or hard-copy form) as well as other records, files or any other property belonging to the employer that are either in the employee’s possession or within his or her control.

(h) Except in the proper course of his/her duties, an employee shall not, during the term of employment or after its termination, disclose or use any confidential information of or about the employer, its clients or suppliers to any other person, business or company except for the purposes of obtaining professional advice from a legal representative or the Real Estate Association of NSW or to comply with the requirements of law.

For the purpose of this clause "confidential information" shall include, but is not limited to, any of the following information of the employer whether described or contained in a written, tangible, electronic or oral form -

(i) past or current customer or client lists; or

(ii) lists of properties managed by the employer on behalf of owners; or

(iii) inventions, designs, methodologies, structures, discoveries, ideas, concepts, charge out rates, lists of suppliers.

(i) For the purposes of this clause, "salary" shall mean:

(i) for employees employed under PART B:

the salary and allowances paid to such an employee.

(ii) for salespersons employed under PART C:

the average salesperson's commission earned by the employee calculated by dividing total commission received to the end of the last completed week of employment by the number of complete weeks for which the salesperson has been employed. However, if the employment has exceeded one year the average shall be calculated over the last year of employment preceding the last full week of employment.

5. Structural Efficiency

Enterprises may establish a consultative mechanism and procedures appropriate to the size structure and needs for consultation and negotiation on matters affecting efficiency and productivity.

6. Duties of Employees

An employer may direct an employee to carry out such duties as are within the limits of the employee's skills, competence and training.

7. Expenses

An employee who incurs expenses at the request of the employer shall be reimbursed by the employer. Where reasonably practicable expenses shall be paid in advance.

8. Meal Break

No employee shall be required to work more than five hours without a meal break of not less than 20 minutes duration.

9. Mobile Telephones

(a) If an employer directs an employee in writing to supply and use a mobile telephone the employer shall meet the cost of the supply and use of the telephone.

(b) The basis on which the cost shall be met shall be agreed between the employer and the employee and be evidenced in the Employment Agreement prepared and registered in accordance with Clause 11 of this award.

10. Uniforms

(a) If an employer requires an employee to wear a uniform the employer shall provide it.

(b) The basis on which a uniform is provided, including what constitutes the uniform, shall be agreed between the employer and employee.

11. Employment Agreements

(a) Where an employee whose employment is regulated by the provisions of this award commences employment after the operative date of this award and subject to sub-clause (e) herein, the employer shall prepare an Employment Agreement on behalf of the employee in the form contained in Schedule 1 of Part D of this award. Any Letter of Appointment or Employment Agreement prepared pursuant to any predecessor award and registered after 1 January 1993, shall remain in force until replaced with a new Employment Agreement.

(b) It is a condition of employment that the employee shall sign an Employment Agreement on or before the day employment commences.

(c) The employer and the employee shall sign the Employment Agreement and each shall receive a copy. Within 14 days of the Employment Agreement being signed, the employer shall send two copies of it to either:

The Real Estate Employers’ Federation of NSW

Level 6, 99 Bathurst Street, SYDNEY NSW 2000; or

The Auctioneers & Agents Guild

Level 3, 1 James Place, NORTH SYDNEY NSW 2060,

together with:

(i) The employer’s registration fee as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to either: The Real Estate Employers Federation of NSW or The Auctioneers & Agents Guild, and

(ii) The employee’s registration fee as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to the Real Estate Association of NSW.

(d) It is a condition of employment that the employee shall, if required by the employer, either pay to the employer the amount as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates being the registration fee payable by the employer on behalf of the employee to The Real Estate Association of NSW, or sign an authority authorising the employer to deduct the registration fee as set out in Item 1 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates from his or her salary within such period as may be agreed.

(e) An employer may prepare an Employment Agreement on behalf of an employee in a form different to that prescribed in Schedule 1 of Part D of this award provided that the terms and conditions contained in the Employment Agreement do not contravene the provisions of this award.

(f) Any variation in respect of the Employment Agreement shall not, unless agreed in writing between the employer and the employee, have the effect of terminating the Employment Agreement prepared in accordance with this clause and the creation of a new Employment Agreement, but shall amount to a variation of the agreement which shall remain in force and effect varied only to the extent of the change. Within 14 days of such variation being signed, the employer shall forward two copies of the variation to either The Real Estate Employers’ Federation of NSW or The Auctioneers & Agents Guild, provided that the operative date of such variation shall be the date upon which the variation is signed by the employee.

12. Salesperson’s Commission

(a) Where it has been agreed that an employee is entitled to receive salesperson’s commission in addition to entitlements under this award the method of calculating the salesperson’s commission shall be evidenced in an Employment Agreement prepared in accordance with Clause 11 of this award.

(b) The method of calculating Salesperson’s commission shall in no case be inconsistent with any of the provisions of this award.

(c) The employer shall account to the salesperson in written form on the entitlement to commission as it becomes due and payable in accordance with the terms of the Employment Agreement.

(d) Where a salesperson or licensee-in-charge during employment was partly or wholly remunerated by salesperson’s commission he/she shall after termination of employment, be entitled to be credited with salesperson’s commission, only for sales exchanged before termination and settled thereafter and as specified in the said Employment Agreement.

However, where the employer exercises the right to make payment in lieu of notice upon termination of an employee’s employment in accordance with either Clause 4(b) or 4(c) of this award, the salesperson shall be entitled to be credited with sales commission in accordance with the salesperson’s Employment Agreement for sales effected by the salesperson that exchange during the notice period so stated and not otherwise and which settle thereafter.

13. Annual Holidays

See Annual Holidays Act 1944 (NSW).

14. Long Service Leave

See Long Service Leave Act 1955 (NSW).

15. Superannuation

(a) The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 as well as section 124 of the Industrial Relations Act 1996.

(b) Subject to the requirements of this legislation, superannuation contributions may be made to:

(i) Australian Superannuation Savings Employment Trust (ASSET);

(ii) Real Estate Institute of Australia Superannuation Fund;

(iii) A fund into which the employer pays occupational superannuation contributions on behalf of employees providing such funds comply with federal legislation.

16. Sick Leave

(a) Each employee, other than a casual employee, who has completed three months continuous service, and who is absent from work on account of personal injury or illness, shall be entitled to leave of absence with pay subject to the following conditions and limitations:

(i) he or she shall not be entitled to paid leave of absence for any period in respect of which he or she is entitled to receive weekly workers' compensation payments;

(ii) he or she shall, where practicable, within twenty‑four hours of the commencement of such absence, inform the employer of his or her inability to attend for duty, and, as far as practicable, state the nature of the illness or injury and the estimated duration of the absence;

(iii) he or she shall furnish such evidence as the employer may reasonably require that he or she was unable, by reason of such illness or injury, to attend for duty on the day or days for which sick leave is claimed; and

(iv) subject to subclause (c) of this clause, he or she shall not be entitled to sick pay for more than five days during his or her first year of service and eight days during his or her second and subsequent years of service.

(b) For the purposes of this clause "pay" shall mean:

(i) for employees employed under PART B: the salary paid to such an employee and, where the employee receives locomotion allowance in accordance with Clause 31 of this award, the standing charge portion of such allowance.

(ii) for salespersons employed under PART C:

the average salesperson's commission earned by him or her calculated by dividing total commission received to the end of the last completed week of employment by the number of complete weeks for which the salesperson has been employed. However, if the employment has exceeded one year the average shall be calculated over the last year of employment preceding the last full week of employment.

(a) of this clause, which has in one year not been allowed to any employee by an employer as paid sick leave, may be claimed by the employee and subject to the conditions hereinbefore prescribed shall be allowed by the employer in any subsequent year without diminution of the sick leave prescribed in respect of that year, provided that sick leave shall accumulate in accordance with this subclause only whilst the employee remains in the service of the same employer. Provided further that an employer shall not be bound to credit to an employee sick leave which accrued more than 10 years before the end of the last completed year of service.

(d) Service prior to the commencement of this award shall be deemed to be service for the purpose of this clause.

16A. Personal /Carers Leave

(1) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in Clause 16, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

(i) the employee being responsible for the care of the person concerned; and

(ii) the person concerned being:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person; who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention; to take leave, the name of the person requiring care and that person’s relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(2) Unpaid Leave for Family Purpose

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (c)(ii) of subclause (1) who is ill.

(3) Annual Leave

(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act, 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed to by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(4) Time Off in Lieu of Payment for Overtime

(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in accordance with paragraph (a), of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(5) Make-up Time

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during ordinary hours, and works those hours at a time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off during ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

(6) Rostered Days Off

(a) An employee may elect with the consent of the employer, to take a rostered day off at any time.

(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both a party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of rostered days off flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

17. Redundancy

(1) Application

(a) This clause shall apply in respect of full-time and part-time employees.

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(2) Introduction of Change

(a) Employer’s duty to notify

(i) Where an employer has made a definite decision to introduce changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(ii) "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(b) Employer’s duty to discuss change

(i) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph 2(a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(ii) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in paragraph (a) of this sub-clause.

(iii) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(3) Redundancy

(a) Discussion before terminations

(i) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub-paragraph (i) of paragraph (a) of sub-clause (2) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(ii) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of sub-paragraph (i) of this sub-clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(iii) For the purposes of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclose of which would adversely affect the employer.

(4) Termination of Employment

(a) Notice for Changes in Production, Program, Organisation or Structure

This sub-clause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "program", "organisation" or "structure" in accordance with subclause (2)(a)(i) above.

(i) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of continuous service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(ii) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

(iii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(b) Notice for Technological Change

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with subclause (2)(a)(i) above:

(i) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

(ii) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(iii) The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955 (NSW), the Annual Holidays Act 1944 (NSW) or any Act amending or replacing either of these Acts.

(i) During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(ii) If the employee has been allowed paid leave for more than one day during the notice period for the purposes of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(d) Employee leaving during the notice period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(e) Statement of Employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

(f) Centrelink Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

(g) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in paragraph (i) of subclause (2) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

(5) Severance Pay

(a) Where an employee is to be terminated pursuant to subclause (4) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(i) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service	Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks pay
2 years and less than 3 years	7 weeks pay
3 years and less than 4 years	10 weeks pay
4 years and less than 5 years	12 weeks pay
5 years and less than 6 years	14 weeks pay
6 years and over	16 weeks pay

(ii) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service	Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks pay
2 years and less than 3 years	8.75 weeks pay
3 years and less than 4 years	12.5 weeks pay
4 years and less than 5 years	15 weeks pay
5 years and less than 6 years	17.5 weeks pay
6 years and over	20 weeks pay

(iii) "Weeks pay" means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

(b) Incapacity to pay

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) above. The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 5(a)(i) or (ii) above will have on the employer.

18. Grievance Procedure

(a) Where an employer and employee are in dispute in regard to matters contained in this award, the following procedure shall govern the settlement of such dispute or claims and shall be open to an employer or employee.

(b) Upon a dispute arising the employer or the employee shall raise that matter with the other party or his/her nominated representative as soon as practicable, and the party with whom the dispute has been raised shall fully investigate the matter and shall reply to the other party within two working days of such dispute being raised.

(c) In the event of the employee not being satisfied with the employer's reply the employee may advise The Real Estate Association of New South Wales who may raise the matter with the employer.

(d) If the matter remains unresolved the parties shall convene a conference between The Real Estate Association and the Industrial Union of Employers of which the employer is a member who shall attempt to resolve the dispute.

(e) A matter which is not resolved in conference will be notified to the Industrial Relations Commission of NSW.

(f) The parties shall at all times confer in good faith and without undue delay.

(g) While the above procedure is being followed work shall continue in accordance with this award.

(h) No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this award.

(i) In the event of a party failing to observe these procedures, the other party may take such steps as are open to it to resolve the matter or proceed to the next step or steps under this procedure.

19. Area, Incidence and Duration

(a) This award rescinds and replaces the Real Estate Industry (State) Award 2003 published 28 January 2000 (313 I.G. 150) and all variations thereto but no right or entitlement accrued under that award shall be affected by the coming into operation of this award.

(b) The changes made to the Award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect from 24 November 2005.

(c) This award shall apply to all employees defined herein in the State of New South Wales excluding the County of Yancowinna.

(d) This award shall take effect from the first pay period to commence on or after 1 January 2003 and shall remain in force for a period of three years.

(e) Notwithstanding any other provisions this award shall not apply to employees whose service ceased, for any reason, prior to the date on which this award was made.

PART B

SALESPERSONS (WHOLLY OR PARTLY SALARIED), PROPERTY MANAGERS, PROPERTY OFFICERS AND LICENSEES-IN-CHARGE

20. Scope of Part B

This PART shall apply only to salespersons who are paid wholly or in part by salary, to property managers, property officers and licensees-in-charge.

Note: This PART does not apply to employees under PART C of this award.

21. Remuneration - General

(a) No employee under this Part shall be remunerated solely by any form of commission.

(b) In no case shall the salary be paid less frequently than monthly.

(c) The rates of pay in this award include the adjustments payable under the State Wage Case of May 2002. These adjustments may be offset against:

(i) any equivalent overaward payments, and/or

(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

22. Remuneration - Salespersons

The minimum salary of a salesperson employed as a full-time employee shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates.

23. Remuneration - Property Managers

The minimum salary of a property manager employed as a full-time employee shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates.

24. Remuneration - Property Officers

(a)

(i) The minimum salary of a property officer employed as a full-time employee shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates, subject to the following:

At 20 years of age, 80% of the rate for a GRADE 2 property officer; or

At 19 years of age, 70% of the rate for a GRADE 2 property officer; or

At 18 years of age, or less 60% of the rate for a GRADE 2 property officer

(ii) Provided that once the employee attains 21 years of age and he/she has completed a minimum of one year’s employment as a Property Officer, he/she shall be classified as a Grade 2 Property Officer.

(b) A Grade 1 Property Officer is a property officer with a minimum of three years' full-time adult employment in property management who works under limited supervision. He or she may supervise and train other staff.

(c) A Grade 2 Property Officer is a property officer with a minimum of one year's full-time adult employment in property management who works under general supervision.

(d) A Grade 3 Property Officer is a property officer with less than one year's full-time adult employment in property management who works under direct supervision.

(e) Direct Supervision shall mean that a person:

(i) receives detailed instructions on the work to be performed;

(ii) performs tasks which are part of an overall work routine; and

(iii) is subject to regular personal progress checks on the work being performed.

(f) General Supervision shall mean that a person:

(i) receives instructions on what is required on unusual or difficult features of the work and on the method of approach when new procedures are involved;

(ii) is normally subject to progress checks which are usually confined to unusual or difficult aspects of the task; and

(iii) has the knowledge and experience required to perform the duties usually without specific instruction but has assignments reviewed on completion.

(g) Limited Supervision shall mean that a person:

(i) may be subject to progress checks which will be principally confined to establishing that satisfactory progress is being made; and

(ii) may have his/her assignments reviewed on completion.

25. Remuneration - Licensees-in-Charge

(a) The minimum salary of a licensee-in-charge shall be as set out in Table 1, Rates of Pay, of Part E, Monetary Rates.

26. Remuneration - Probationary Salespersons

(a) The proportion of probationary salespersons to salespersons employed as full-time employees shall not exceed in the case of any individual employer or place of business, one-to-one or part thereof. Provided that where an employer had not previously employed salespersons he or she may employ a probationary salesperson as the first salesperson but employment of further probationary salespersons shall thereafter be in the proportion stated in this clause.

(b) The minimum salary of a probationary salesperson employed as a full-time employee shall be 80 per cent of the salary prescribed in Table 1, Rates of Pay, of Part E, Monetary Rates for salespersons.

(c) A probationary salesperson shall not be employed as such by an employer or employers for a period of more than six months in the real estate industry.

(d) Except where the context of this award otherwise requires, all provisions of this award shall apply to probationary salespersons.

27. Part-Time Employees

(a) A part-time employee shall be paid:

(i) in the case of a part-time salesperson - for each day of work, one-fifth of the salary prescribed in Table 1, Rates of Pay of Part E, Monetary Rates for Salespersons, or

(ii) in the case of a part-time Property Manager or Property Officer - for each hour of work, one-thirty-eighth of the salary prescribed for the employee's classification in Table 1, Rates of Pay of Part E, Monetary Rates with a minimum engagement of 3 hours for each start.

(b) Where a part-time employee is entitled to be paid a locomotion allowance, his or her entitlement shall be calculated on the basis of one-fifth for each day worked.

(c) Except where the context of this award otherwise requires, the provisions of this award shall apply to part-time employees on the basis of one-fifth entitlement for each day worked.

28. Casual Employees

A casual employee shall be paid the following:

(a) In the case of a casual salesperson - 1/5 of the full-time rate provided in Table 1, Rates of Pay of Part E, Monetary Rates for a SALESPERSON - plus 20% for each day worked.

(b) In the case of a casual property manager or property officer - 1/38th of the full-time rate provided in Table 1, Rates of Pay of Part E, Monetary Rates for a PROPERTY MANAGER or PROPERTY OFFICER plus 20% for each hour worked. Provided that the minimum engagement for a casual Property Manager or Property Officer shall be 3 hours.

(c) Where a casual employee is entitled to be paid a locomotion allowance his or her entitlement shall be calculated on the basis of one-fifth for each day worked.

(d) The remuneration prescribed for casual employees in subclauses (a) and (b) herein includes any payment due pursuant to the Annual Holidays Act 1944 (NSW).

29. Rostered Days Off - Salespersons & Licensees-in-Charge

(a) Subject to subclauses (b) and (c), a salesperson, other than a casual salesperson, and a licensee-in-charge, shall be allowed a minimum of two days rostered free of duty in each week. Such rostered days off shall be given and taken in one consecutive period or two periods each of one day.

(b) However, a salesperson or licensee-in-charge and his or her employer may agree in writing that days off be deferred and taken later.

(c) If having elected to take time as leave in accordance with paragraph (b) of this clause, the leave is not taken for whatever reason, payment for time accrued at the rate prescribed in sub-clause (e) below, shall be made at the end of the 12 month period or on termination.

(d) An employer shall prepare a roster which shows duty days and days free of duty. Provided that, where the employee’s rostered days of work are not the subject of regular variation, notification may be provided by the employer to the employee in any written form, including but not limited to, as part of the employee’s Employment Agreement.

(e) A salesperson or licensee-in-charge who is specifically directed to work on any rostered day off, shall be paid for such work at the rate of two days pay for each day worked. Where a salesperson or licensee-in-charge works on a rostered day off at his or her own initiative (i.e. without any specific direction from the employer to do so) he or she shall not be entitled to payment in accordance with this clause.

30. Rostered Days Off - Property Managers & Property Officers

(a) Subject to subclause (d), the employer shall allow a property manager or property officer, other than a casual, either one and a half or two days rostered free of duty each week.

(b) When two rostered days off are granted in any week they shall be given and taken either in one consecutive period, in two periods each of one day, or, when the property manager or property officer works on a Saturday morning, three periods comprising one day and two half days.

(i) they shall be given and taken either in one consecutive period, or in two periods of one day and one half day, and

(ii) the property manager or property officer shall be paid in respect of the additional half day's work an additional 1/10th of his/her salary.

(d) Notwithstanding any other provision in this clause, a property manager or property officer and employer may agree that days off or half days off be deferred and taken later. Provided that, if having elected to take time off in lieu in accordance with this sub-clause, the leave is not taken for whatever reason, payment for time accrued at the rate prescribed in sub-clause (f) herein, shall be made at the end of the 12 month period or on termination.

(e) An employer shall prepare a roster which shows duty days (or half days) and days (or half days) free of duty. Provided that, where the employee’s rostered days of work are not the subject of regular variation, notification may be provided by the employer to the employee in any written form, including but not limited to, as part of the employee’s Employment Agreement prepared in accordance with Clause 11 of this award.

(f) A property manager or property officer who is directed to work on any rostered day or half day off shall be paid additional salary at the rate of one day's pay for each half day worked.

(g) For the purposes of this clause a half-day means a period of time ending at or before 1 p.m. or starting at or after 1 p.m.

31. Locomotion

A: WEEKLY USE

(a) Where an employer provides a vehicle for the use by an employee in the course of the employee performing his or her duties under this award, the expenses arising out of the provision, maintenance and lawful operation of such vehicle, shall be met by the employer.

(b)

(i) Where an employee is required by the employer to make his or her own vehicle available for use in performing his or her duties under this award, the employee shall be paid a locomotion allowance as prescribed in either sub-clause (ii) or (iii) herein.

(ii) Employees whose vehicle is up to 5 years of age shall be paid a standing charge allowance plus the amount per kilometre for the distance travelled by his/her vehicle in performing his/her duties under this award, as set out in Item 2 of Table 2 - Other Rates and Allowances of Part E - Monetary Rates, calculated by reference to the engine size of the vehicle. Provided that where the employer and employee expressly agree, a lump sum payment as set out in Item 2 of Table 2 - Other Rates and Allowances of Part E- Monetary Rates, calculated by reference to the engine size of the vehicle, may be applied in place of the standing charge and per kilometre rate.

(iii) Employees whose vehicle is over 5 years of age shall be paid a standing charge allowance plus the amount per kilometre for the distance travelled by his/her vehicle in performing his/her duties under this award, as set out in Item 3 of Table 2 - Other Rates and Allowances of Part E - Monetary Rates, calculated by reference to the engine size of the vehicle. Provided that where the employer and employee expressly agree, a lump sum payment as set out in Item 3 of Table 2 - Other Rates and Allowances of Part E - Monetary Rates, calculated by reference to the engine size of the vehicle, may be applied in place of the standing charge and per kilometre rate.

(iv) For the purpose of sub-clauses (b)(ii) and (iii), the age of the vehicle shall be determined by reference to the date stamp on the compliance plate of the vehicle.

(c) For the purpose of sub-clauses (b)(ii) and (iii), distance travelled to and from the place where the vehicle is customarily garaged shall be regarded as travel for the purpose of performing duties under this award.

(d) Where an employee is entitled to a locomotion allowance under either sub-clause (b)(ii) or (iii) of this clause, the standing charge allowance only shall be paid to the employee during periods of annual leave and long service leave. Provided that this clause shall not entitle the employee to payment of the locomotion allowance, in the calculation of any accrued or pro-rata annual leave or long service leave upon termination of employment.

(e) The payments under sub-clause (b)(ii) or (iii) of this clause shall not be payable when the:

(i) employee is absent from duty without the consent of the employer; or

(ii) vehicle is unavailable due to accident or mechanical defect, provided that payments under sub-clause (b)(ii) and (iii) herein shall be paid for any day on which the employee provides an alternate vehicle for the purposes of performing his/her duties under this award; or

(iii) employee is on any unpaid leave; or

(iv) the employee is unable to use the vehicle due to loss of his or her drivers licence.

(f) Except in circumstances where the employee is paid a lump sum in accordance with the agreement reached in (b)(ii) or (iii) above, the employee shall maintain an accurate record of distances travelled for work performed under this award in the form of or similar to that contained in Schedule 3 of Part D of this award.

(g) To receive a payment for kilometres travelled in accordance with either sub-clause (b)(ii) or (iii) of this clause, the employee shall present to the employer the record of distances travelled for work performed under this award, by no later than 7 working days of the end of the pay period in which the travel occurred.

(h) Payment for kilometres travelled by the employee in performing his/her duties under this award, shall be made in the pay period next following that in which the travel schedule was lodged with the employer.

(i) Notwithstanding anything contained in this clause, an employer and an employee may agree to locomotion provisions different from those prescribed in this clause provided that such provisions shall not result in payment less than the employee would have received in accordance with sub-clauses (b)(ii) or (iii) herein.

(j) Any employee who, immediately preceding the commencement of this award, received a locomotion allowance under a Letter of Appointment registered in accordance with the Real Estate Industry (State) Award published in the Industrial Gazette Volume 274 dated 7 May 1993 and all variations thereto, will not by the operation of this award suffer any net reduction in the amount of that locomotion allowance while he/she remains employed by the employer named in the Letter of Employment or any successor or assignee of that employer.

B: OTHER THAN WEEKLY USE - PROPERTY MANAGERS OR PROPERTY OFFICERS

Should a full-time property manager or property officer agree to make his or her own vehicle available for use in the course of his or her employment, the following shall apply:-

(a) The Employment Agreement shall specify which days of the week the vehicle is required to be made available for use, and the employee shall be recompensed at the rate of one-fifth of the weekly lump sum for each such day;

(b) The days of the week upon which the vehicle is required to be made available may be varied by agreement where circumstances arise making it mutually convenient to do so;

(c) Notwithstanding the provisions of this clause, where the vehicle is required to be made available on more than two days in the week, the weekly lump sum allowance shall be paid for that week.

32. Telephone

(a) Where an employee uses a telephone at his or her place of residence in the course of his/her duties performed under this award, he/she shall be reimbursed by the employer the annual rental as set out in Item 4 of Table 2 of Part E, Monetary Rates at a weekly rate as set out in Item 4 of Table 2 of Part E, Monetary Rates and the cost of local, STD and/or trunk calls required to be made by the employer.

(b) In respect of a part-time employee or a casual employee, one-fifth of the weekly rental shall be paid in respect of each day worked in addition to the cost of each call required to be made by the employer. Payment for the cost of calls shall be made in the pay period next following that in which the calls were made.

(c) By agreement an employer may pay the lump sum as set out in Item 4 of Table 2 of Part E, Monetary Rates per week to cover the cost of all local, STD and ISD calls and rental.

(d) Where an employee is entitled to a telephone allowance under either sub-clause (a) or (c) of this clause, the rental component of the allowance only shall be paid to the employee during periods of annual leave and long service leave. Provided that this clause shall not entitle the employee to payment of the telephone allowance in the calculation of any accrued or pro-rata annual leave or long service leave upon termination of employment.

33. Annual Leave Loading

(a) In this clause the Annual Holidays Act, 1944, is referred to as "The Act".

(b) Before an employee is given and takes an annual holiday, or where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (Note: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see sub-clause (f).)

(c) The loading is payable in addition to the pay for the period of holiday pay given and due to the employee under the Act and this award.

(d) The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or had become entitled since 1 September 1974, under the Act, and this award (but excluding days added to compensate for public or special holidays falling on an employee's rostered day off not worked) and which commences on or after 1 December 1974, or where such a holiday is given and taken in separate periods, then in relation to each such separate period.

(e) The loading is the amount payable for the period or the separate period as the case may be, stated in subclause (d) at the rate per week of 17 1/2 per cent of the appropriate minimum salary prescribed by this award for the classification in which the employee was employed immediately before commencing his or her annual holiday, but shall not include other allowances or payments prescribed by this award.

(f) No loading is payable to an employee who takes an annual holiday wholly or partly in advance provided that, if the employment of such employee continues until the day when he/she would normally have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (e) of this clause applying the award minimum salary payable on that day. This subclause applies where an annual holiday has been taken wholly or partly in advance after 1 September 1974, and the entitlement to the holiday arises after that date.

(g) Where, in accordance with the Act and after 1 September 1974, the employer's establishment or part of it is temporarily closed down for the purpose of giving annual holiday or leave without pay to the employees concerned:-

(i) an employee who is entitled under the Act to an annual holiday and who is given and takes such holiday shall be paid the loading calculated in accordance with subclause (c) of this clause;

(ii) an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him or her under the Act such proportion of the loading that would have been payable to him or her under this clause if he or she had become entitled to an annual holiday prior to the closedown as his or her qualifying period of employment in completed weeks bears to fifty-two.

(h)

(i) When the employment of an employee is terminated by his or her employer on or after 1 December 1974, for a cause other than misconduct and at the time of termination the employee has not been given and has not taken the whole of an annual holiday to which he or she became entitled after 1 September 1974, he or she shall be paid a loading calculated in accordance with subclause (e) for the period not taken.

(ii) Except as provided by paragraph (i) of this subclause, no loading is payable on the termination of an employee's employment.

34. Public Holidays

(a) The following days shall be observed as holidays, namely, New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Sunday, Easter Monday, Queen's Birthday, Six Hour Day, Christmas Day, Boxing Day, and any other holiday which may, from time to time, be proclaimed for the State New South Wales, or any locality therein (in respect only to employees in that locality), in addition to or in lieu of such day or days. However, an employee may decline at his or her discretion to work on Good Friday, 25 April and 25 December.

(b) An employee who works at the specific direction of the employer on one of the days specified in subclause (a) of this clause shall be allowed by the employer two consecutive days holidays in lieu of the day worked within one week of the day so worked or an employee who works on any of the days specified in subclause (a) of this clause and who has not been allowed two days off in lieu of the day worked within one week of the day so worked shall be paid for such day at the rate of two days pay for each day worked.

(c) A casual employee employed to work on any holiday specified herein shall be paid double time and one half with a minimum payment, in the case of a Property Manager or Property Officer, for 3 hours work.

(d) Where an employee is absent from the employee’s employment on the working day before or after a public holiday prescribed under this clause without reasonable excuse or without the consent of the employer, the employee shall not be entitled to payment of such holiday.

35. Jury Service

(a) An employee, other than a casual employee, required to attend for jury service on a day on which he or she would otherwise have been at work shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his or her attendance for such jury service and:

(i) his or her minimum weekly salary pursuant to this award in respect of his or her period of jury service; and

(ii) in respect of an employee entitled to a motor vehicle standing charge allowance prescribed by this award, that allowance in respect of his or her period of jury service.

(b) An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give the employer proof of his or her attendance, the duration of such attendance and the amount received in respect of jury service.

36. Compassionate Leave

(i) An employee, other than a casual employee, shall be entitled to two days compassionate leave on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause. Where the death of a person prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to two days compassionate leave. The employee shall be paid for such leave:

(a) his or her minimum weekly salary pursuant to this award, in respect of the period of such leave; and

(b) in respect of an employee entitled to a motor vehicle standing charge allowance prescribed by this award, that allowance in respect of the period of that leave.

(ii) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.

(iii) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 16A, Personal/Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

(iv) An Employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

(v) Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 16A. In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

37. Exemptions

(a) Except as to the provisions of clause 2 ANTI-DISCRIMINATION, sub-clauses (b), (c) and (d) of clause 12 SALESPERSON’S COMMISSION, clause 13 ANNUAL HOLIDAYS, clause 14 LONG SERVICE LEAVE, clause 15 SUPERANNUATION, clause 16 SICK LEAVE, clause 16A PERSONAL/CARERS LEAVE, clause 32 LOCOMOTION, clause 33 TELEPHONE, clause 34 ANNUAL LEAVE LOADING and clause 35 PUBLIC HOLIDAYS, this award shall not apply to:

(i) a Salesperson:

(1) who is required to work on 6 days of the week and who is in receipt of a salary at least equal to the salary prescribed by Table 1, Rates of Pay of Part E, Monetary Rates for a SALESPERSON plus 30 per cent of that amount, and

(2) in respect of whom a Certificate of Exemption has been registered by the employer; or

(ii) a Salesperson:

(1) who is required to work on 7 days of the week and who is in receipt of a salary at least equal to the salary prescribed by Table 1, Rates of Pay of Part E, Monetary Rates for a SALESPERSON plus 45 per cent of that amount, and

(2) in respect of whom a Certificate of Exemption has been registered by the employer; or

(iii) a Property Manager:

(1) who is required to work on 6 days of the week and who is in receipt of a salary of at least equal to the salary prescribed by Table 1, Rates of Pay of Part E, Monetary Rates for a PROPERTY MANAGER plus 30 per cent of that amount; and

(2) in respect of whom a Certificate of Exemption has been registered by the employer; or

(iv) a Property Manager:

(1) who is required to work on 7 days of the week and who is in receipt of a salary of at least equal to the salary prescribed by Table 1, Rates of Pay of Part E, Monetary Rates for a PROPERTY MANAGER plus 45 per cent of that amount; and

(2) in respect of whom a Certificate of Exemption has been registered by the employer.

(b) Certificates of Exemption shall be prepared by the employer in the form contained in Schedule 2 of Part D of this award.

(c) It is a condition of employment that the employee shall sign the Certificate of Exemption on or before the day employment commences.

(d) The employer and the employee shall sign the Certificate of Exemption and each shall receive a copy. Within 14 days of the Certificate of Exemption being signed, the employer shall send two copies of it to either:

The Real Estate Employers Federation of NSW

Level 16, 44 Market Street, SYDNEY NSW 2000:

The Auctioneers & Agents Guild

Level 3, 1 James Place, NORTH SYDNEY NSW 2060,

together with:

(i) The employer’s registration fee as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to either: The Real Estate Employers Federation of NSW or The Auctioneers & Agents Guild; and

(ii) The employee’s registration fee as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates made payable to the Real Estate Association of NSW.

(e) It is a condition of employment that the employee shall, if required by the employer, either pay to the employer the amount as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates being the registration fee payable by the employer on behalf of the employee or sign an authority authorising the employer to deduct the registration fee as set out in Item 5 of Table 2 - Other Rates and Allowances of Part E, Monetary Rates from the employee’s salary within such period as may be agreed.

(f) An employer may prepare a Certificate of Exemption on behalf of an employee in a form different to that prescribed by Schedule 2 of Part D of this award provided that the terms and conditions contained in the Certificate of Exemption do not contravene the provisions of this award.

(g) Any variation in respect of the Certificate of Exemption shall not, unless agreed in writing between the employer and the salesperson, have the effect of terminating the Certificate of Exemption prepared in accordance with this clause and the creation of a new Certificate of Exemption, but shall amount to a variation of the Certificate of Exemption which shall remain in force and effect varied only to the extent of the change. Within 14 days of such variation being signed, the employer shall send two copies of it to either The Real Estate Employers’ Federation of NSW or The Auctioneers & Agents Guild, provided that the operative date of such variation shall be the date upon which the variation is signed by the employee. Provided that the requirement to forward copies of the variation to either The Real Estate Employers’ Federation of NSW or The Auctioneers & Agents Guild shall not apply to a variation which only affects commission arrangements between the employer and the employee.

PART C

COMMISSION ONLY SALESPERSONS

38. Scope of Part C

This PART shall apply only to a salesperson who is licensed pursuant to Divisions 1 & 2 of Part 2, of the Property Stock & Business Agents Act 2002 (NSW) or its predecessor Act, as stock and station agents, real estate agents or business agents and who together with his/her employer have prepared an Employment Agreement in accordance with Clause 11 of this award.

Note: This PART does not apply to employees under PART B of this award.

39. Exclusion

This PART shall not apply to a Licensee-in-Charge, Property Manager or Probationary Salesperson.

40. Alternative Form of Employment

Subject to clause 38 of this PART a salesperson may by agreement with his or her employer be employed pursuant to this PART as an alternative to employment under PART B.

41. Employee

A salesperson employed pursuant to this PART shall be an employee for all purposes.

42. Application of Certain Benefits

In addition to the entitlements conferred by this PART a salesperson employed hereunder shall be covered by:

(a) the Annual Holidays Act 1944 (NSW);

(b) the Long Service Leave Act 1955 (NSW); and

(d) Occupational Superannuation legislation.

43. Remuneration

(a) Salesperson's commission shall be calculated in accordance with the method agreed between employer and employee and evidenced in an Employment Agreement as required by Clause 11 of this award.

(b) Where a sale is effected by two or more salesperson the selling commission shall be divided between the salesperson in such proportion as they agree.

44. Rostered Days Off

(a) A salesperson employed pursuant to this Part shall be allowed a minimum of two days free of duty in each week. Such rostered days off shall be given and taken in one consecutive period or two periods each of one day.

(b) However, a salesperson and his or her employer may agree in writing that days off be deferred and taken later. Leave not taken for whatever reason shall be paid at the end of the 12 month period or upon termination and calculated in accordance with the provisions of Clause16 (b)(ii).

(c) The taking of deferred rostered days off in any week or weeks shall in no way affect the taking of days off required by subclause (a).

PART D

SCHEDULE 1

EMPLOYMENT AGREEMENT

SCHEDULE 1 - EMPLOYMENT AGREEMENT

AN AGREEMENT made on the ..........................	.................... day of	...............20.

BETWEEN: ...............................................................................
(Legal Name of Employer)

ABN: ...................................................

Of: ........................................................	Post Code

Phone: ..................................................

Trading as : ..........................................................................................
(write "As above" if same)
In the Sate of NSW ("the Employer")

AND: ...................................................................................................
(Full Name of Employee)
("the Employee")

Business Phone: ...........................

Unless otherwise stated, reference to the "award" in this Employment Agreement shall mean the Real Estate Industry (State) Award 2003 as may be varied from time to time.

WHEREBY IT IS AGREED as follows:

1. COMMENCEMENT DATE AND CLASSIFICATION:

Employee's commencement date: ___________________

Employee's award classification (please tick appropriate box):

Salesperson (Salaried)	€	Probationary Salesperson	€
Salesperson (Commission Only)	€	Licensee-in-Charge	€
Property Manager	€	Property Officer	€

2. THE EMPLOYEE IS ENGAGED:

(please tick as appropriate)

Full time €

Part-time €

Casual €

3. PROBATIONARY PERIOD:

A probationary period of 3 three months shall apply (please tick as appropriate):

€ Yes

€ No

If yes, the probationary period will end on ________________. It is agreed that either party may terminate the employment on or before this date by providing one weeks notice to the other party.

4. WAGE/SALARY:

The employee will be paid (please tick as appropriate):

The award wage for the classification of the employee; OR

A wage in excess of the award rate for the classification of the employee; OR

The payment of a wage or salary is not applicable because the salesperson will be paid commission only (this only has application to a salesperson licensed pursuant to the provisions of the Property Stock & Business Agents Act 2002 or its predecessor Act).

5. LOCOMOTION ALLOWANCE:

The employee is required to provide his or her own motor vehicle in the course of the employment (please tick the appropriate box)

€ Yes

€ No

If yes, the employee shall receive as a minimum, the locomotion allowance as prescribed in Clause 31 of the award. Such allowance shall be paid as either: (please tick as appropriate):

A lump sum; OR

Standing Charge and per km rate; OR

The payment of a locomotion allowance is not applicable because the salesperson will be paid commission only.

6. PHONE ALLOWANCE:

(a) The employer requires the employee to use a telephone at the employee’s place of residence in the course of employment (please tick as appropriate)

€ Yes

€ No

If yes, the employee shall receive as a minimum, a home telephone allowance as prescribed by Clause 32 of the award. Such allowance shall be paid as either (please tick as appropriate):

A lump sum; OR

Weekly rental and cost of calls; OR

The payment of a home phone allowance is not applicable because the salesperson will be paid commission only.

(b) The employee is required to supply or use a mobile phone

€ Yes

€ No

If yes, the basis on which the cost shall be met will be set out in Paragraph 12 of this Employment Agreement

7. EXPENSES:

Where the employee incurs expenses at the request of the employer, such expenses shall be reimbursed by the employer. Where reasonably practicable, expenses shall be paid in advance.

8. METHOD OF PAYMENT:

Any money paid to the Employee by the Employer will be paid (please tick as appropriate):

€ Weekly	€ Fortnightly	€ Monthly	€ by way of:

€ Electronic transfer	€ Cheque	€ Cash

9. METHOD OF CALCULATING COMMISSION/INCENTIVE PAYMENTS:

Where the Employee is to be remunerated either in whole or in part, by an incentive scheme, the arrangements shall be as set out in the accompanying annexure.

10. STATUTORY ENTITLEMENTS:

The Employee shall be entitled to benefits prescribed under the Annual Holidays Act 1944 and Long Service Leave Act 1955.

11. LEAVE ENTITLEMENTS:

The Employee shall be entitled to sick leave, personal carers leave and compassionate leave in accordance with the provisions of The Real Estate Industry (State) Award 2002, as varied from time to time.

12. OTHER PROVISIONS:

The Employer and the Employee have further agreed to the following provisions:

_____________________________________________________________________________

13 SIGNATURES

SIGNED by ......................................................................

Name of the Employee


Signature of Employee	Date

SIGNED for and on behalf of

Name of Organisation

Signature of Employer	Date

14. REGISTRATION OF THIS EMPLOYMENT AGREEMENT:

The Employer and the Employee shall sign this Employment Agreement and each shall retain a copy. Within fourteen days of this Employment Agreement being signed, the Employer shall register the Employment Agreement in accordance with Clause 11 of the Real Estate Industry (State) Award 2003.

15. ACKNOWLEDGMENT OF RECEIPT BY EMPLOYEE:

The Employee hereby acknowledges that a copy of this Employment Agreement and annexure thereto is in his/her possession.

Signature of Employer

Date

16. AUTHORITY TO DEDUCT:

The Employee hereby authorises the Employer to deduct $55.00 from the Employee's salary over a period of .................. week(s). This amount is the registration fee for this Employment Agreement and is payable to The Real Estate Association of NSW.

Signature of Employer

Date

PART D

SCHEDULE 2

CERTIFICATE OF EXEMPTION

SCHEDULE 2 - CERTIFICATE OF EXEMPTION

AN AGREEMENT made on the ..................	day of ...................	20.............

BETWEEN: .........................................................................................................................................................
(Legal Name of Employer)

ABN: ...................................................

Of: .........................................................	Post Code: .....................................

Phone: ...................................................

Trading as: ..........................................................................................................................
(write "As above" if same)
In the Sate of NSW ("the Employer")

AND: ....................................................................................................................................
(Full Name of Employee)
("the Employee")

Business Phone: ...............................................

Unless otherwise stated, reference to the "award" in this Employment Agreement shall mean the Real Estate Industry (State) Award 2002 as may be varied from time to time.

WHEREBY IT IS AGREED as follows:

1. COMMENCEMENT DATE AND CLASSIFICATION:

Employee's commencement date: ___________________

Employee's award classification (please tick appropriate box):

Salesperson (Salaried)	€

Property Manager	€

2. THE EMPLOYEE IS ENGAGED:

(please tick as appropriate)

Full-time €

Part-time €

Casual €

3. PROBATIONARY PERIOD:

A probationary period of 3 three months shall apply (please tick as appropriate):

€ Yes

€ No

If yes, the probationary period will end on ________________. It is agreed that either party may terminate the employment on or before this date by providing one weeks notice to the other party.

4. WAGE/SALARY:

The employee will be paid a wage at least equal to that for the classification of the employee pursuant to the award plus 30 percent (in which case the employee may be required to work 6 days each week) or 45% (in which case the employee may be required to work 7 days each week).

5. LOCOMOTION ALLOWANCE:

The employee is required to provide his or her own motor vehicle in the course of the employment (please tick the appropriate box)

€ Yes

€ No

If yes, the employee shall receive as a minimum, the locomotion allowance as prescribed in Clause 31 of the award. Such allowance shall be paid as either: (please tick as appropriate):

A lump sum; OR

Standing Charge and per km rate; OR

The payment of a locomotion allowance is not applicable because the salesperson will be paid commission only.

6. PHONE ALLOWANCE:

(a) The employer requires the employee to use a telephone at the employee’s place of residence in the course of employment (please tick as appropriate)

€ Yes

€ No

If yes, the employee shall receive as a minimum, a home telephone allowance as prescribed by Clause 32 of the award. Such allowance shall be paid as either (please tick as appropriate):

A lump sum; OR

Weekly rental and cost of calls; OR

The payment of a home phone allowance is not applicable because the salesperson will be paid commission only.

(b) The employee is required to supply or use a mobile phone

€ Yes

€ No

If yes, the basis on which the cost shall be met will be set out in Paragraph 12 of this Certificate of Exemption

7. EXPENSES:

Where the employee incurs expenses at the request of the employer, such expenses shall be reimbursed by the employer. Where reasonably practicable, expenses shall be paid in advance.

8. METHOD OF PAYMENT:

Any money paid to the Employee by the Employer will be paid (please tick as appropriate):

€ Weekly	€ Fortnightly	€ Monthly	by way of

€ Electronic transfer	€ Cheque	€ Cash

9. METHOD OF CALCULATING COMMISSION/INCENTIVE PAYMENTS:

The employee will be further entitled to sales commission/bonus in accordance with the provisions agreed to between the employer and the employee and as contained in a separate document a copy of which is to be kept by each of them.

10. STATUTORY ENTITLEMENTS:

The Employee shall be entitled to benefits prescribed under the Annual Holidays Act 1944 and Long Service Leave Act 1955.

11. LEAVE ENTITLEMENTS:

12. OTHER PROVISIONS:

The Employer and the Employee have further agreed to the following provisions:

__________________________________________________________________

13. SIGNATURES:

SIGNED by ...............................
Name of the Employee

Signature of Employee	Date

SIGNED for and on behalf of ............................................................
Name of Organisation

Signature of Employer	Date

14. REGISTRATION OF THIS CERTIFICATE OF EXEMPTION:

The Employer and the Employee shall sign this Certificate of Exemption and each shall retain a copy. Within fourteen days of this Certificate of Exemption being signed, the Employer shall register it in accordance with Clause 11 of the Real Estate Industry (State) Award 2002.

15. ACKNOWLEDGMENT OF RECEIPT BY EMPLOYEE:

The Employee hereby acknowledges that a copy of this Certificate of Exemption is in his/her possession.

Signature of Employee:

Date:

16. AUTHORITY TO DEDUCT:

The Employee hereby authorises the Employer to deduct $55.00 from the Employee's salary over a period of .................. weeks. This amount is the registration fee for this Certificate of Exemption and is payable to The Real Estate Association of NSW.

Signature of Employee:

Date:

PART D

SCHEDULE 3

EMPLOYEE’S TRAVEL SCHEDULE

To be completed by the employee in order to be reimbursed in accordance with Clause 31 of the Real Estate Industry (State) Award, for each kilometre travelled in the course of employment.

Employer: (insert trading name)

Employee: (insert name)

Pay period ending: (insert date)

Car Odometer Reading Start:

Car Odometer Reading Finish:

Car: Make & Model:

DATE	START	DESTINATION	PURPOSE	TOTAL KMS	SIGNATURE
	LOCATION			TRAVELLED












			TOTAL

THE EMPLOYEE SHALL PRESENT A COPY OF THIS SCHEDULE TO THE EMPLOYER AT THE END OF THE NOMINATED PAY PERIOD.

Employer’s signature: ............................................................

Date Received: .......................................................................

PART E

MONETARY RATES

Basic Wage for Adult Males: $121.40 per week

Table 1 - Rates of Pay

Full-time Employees	Former Wage Rate	Increase	Total Rate Per Week
	Per Week		(ffpp 1/1/2005)
	$	$	$
Salesperson	483.10	19.00	502.10
Property Manager	522.5	19.00	541.50
Property Officer:
Grade 1	506.00	19.00	525.00
Grade 2	488.00	19.00	507.00
Grade 3	472.10	19.00	491.10
Licensee-in-Charge	574.00	19.00	593.00

Table 2 - Other Rates and Allowances

Item No.	Clause	Brief Description	Amount
			$
1.	11(c)(i) & (ii) &	Employment Agreement	55.00 each,
	10(d)	- employer and employee	which amount
		registration fee	includes GST.
2.	31(A)(b)(ii)	Use of own vehicle where vehicle is new
		to five years of age:
		engine capacity up to and including
		1600cc	76.25 per week
		- standing charge	0.12 per km
		- kilometre rate	140.00 per week
		- lump sum by agreement
		engine capacity 1601cc up to and including	104.50 per week
		2600cc	0.14 per km
		- standing charge	180.00 per week
		- kilometre rate
		- lump sum by agreement	108.75 per week
		engine capacity over 2600cc	0.16 per km
		- standing charge	195.00 per week
		- kilometre rate
		- lump sum by agreement
3.	31(A)(b)(iii)	Use of own vehicle where vehicle is over
		five years of age:
		engine capacity up to and
		including1600cc	38.75 per week
		- standing charge	0.12 per km
		- kilometre rate	105.00 per week
		- lump sum by agreement
		engine capacity 1601cc up to and
		including	58.00 per week
		2600cc	0.14 per km
		- standing charge	135.00 per week
		- kilometre rate
		- lump sum by agreement	63.25 per week
		engine capacity over 2600cc	0.18 per km
		- standing charge	160.00 per week
		- kilometre rate
		- lump sum by agreement

4.	32	Telephone reimbursements
		- annual rental	250.00
		- weekly allowance	4.80
		- lump sum	10.00
5.	37	Certificate of Exemption	55.00 each,
		- employer & employee	which amount
		registration fee	includes GST.

R. W. HARRISON D.P.

____________________

Printed by the authority of the Industrial Registrar.

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