Real Estate Award flexibility during coronavirus

Published 6 August 2020 | Updated 10 November 2021

In August 2020, the Fair Work Commission varied the Real Estate Award to insert a new Schedule I. Schedule I provided award flexibility during coronavirus for commission-only arrangements.

October 2021 was the last month that employers and employees could use Schedule I.

We’ve updated the information on this page to explain the rules that apply now.

What applies now

Minimum entitlements for commission-only arrangements in the Real Estate Award are explained in clause 16 of the award. For more information:

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What applied under the temporary Schedule I

Under Schedule I, if a commission-only employee’s work was impacted by coronavirus, adjustments could be made to the calculation of their Minimum Income Threshold Amount (MITA) for their annual review. Schedule I applied from an employee’s first full pay period on or after 6 August 2020.

If an annual review of their commission-only arrangement occurred after 6 August 2020, then the calculation could be adjusted to exclude the months of May to October 2020. This applied if the employee’s work in those months was impacted by coronavirus.

When making a MITA calculation, the calculation had to be adjusted accordingly in proportion to the number of months excluded. If an employee’s review date fell part way through a month between May and October 2020, that month could only be excluded if the review was due after the 14th of that month.

Example

Geoff is a commission-only sales representative. His annual review was due on 10 September 2020. Sales in his area were impacted by coronavirus in May, June, August and September 2020.

When Geoff’s income was calculated for the review, his commissions from May, June and August 2020 weren’t included. His commission for the month of July was included because his sales for that month weren’t impacted by coronavirus. The commission for the month of September can’t be excluded because the annual review was due before the 14th of that month.

His income for the rest of the year was compared to the MITA that would’ve applied for the remaining 9 months.

Employees also couldn’t be employed on a commission-only basis from 6 August until 1 November 2020, if they weren’t already employed on that basis on 6 August 2020.

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More information

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