Real Estate Industry Award 2020 [MA000106]

This article provides guidelines about when to use the different work types and tags that are included as part of the pre-built Real Estate Industry Award package. For further information, refer to the award Real Estate Industry Award

Key Updates to Award

Last Updated: July 2022

Key_Updates

Installing and Configuring the Pre-Built Award Package

For details on how to install and configure this Pre-built Award Template, please review the detailed help article here.

While every effort is made to provide a high-quality service, YourPayroll does not accept responsibility for, guarantee or warrant the accuracy, completeness or up-to-date nature of the service. Before relying on the information, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

Coverage

This award covers employers in Australia engaged in the real estate industry in respect to their employees.

 

Work Types
Work types are a description of the kind of shift employees are working and can be selected when an employee records a time sheet. The following is a list of work types employees can select on their time sheet and a reference guide for each item. 

Annual Leave Taken
Choose this work type when annual leave was taken.

Call-out - ordinary hours
Choose this work type when the employer and employee have not agreed in writing for the employee to be paid due compensation for being on a call-out. The time during which the employee is on call-out will count towards an accrual of ordinary hours of work.

Commission-only payment
Choose this work type when a full-time employee has entered a commission-only employment agreement under Clause 16 of the Award and is to be paid a percentage of the employer's gross commission.

Compassionate Leave Taken
Choose this work type when compassionate leave was taken.

Family and Domestic Violence Leave Taken 
Choose this work type when Family and Domestic Violence leave was taken.

Leave without Pay Taken
Choose this work type when unpaid leave was taken.

Long Service Leave Taken
Choose this work type when long service leave was taken.

On Stand-by - ordinary hours
Choose this work type when the employer and employee have not agreed in writing for the employee to be paid due compensation for being on a stand-by. The time during which the employee is on stand-by will count towards an accrual of ordinary hours of work.

Paid Community Service Leave Taken
Choose this work type when Paid Community leave was taken.

Personal/Carer's Leave Taken
Choose this work type when sick/carers leave was taken.

Public Holiday not Worked
Choose this work type when employee is not required to work on a gazetted public holiday but otherwise would have worked on this day.

Time In Lieu Taken
Choose this work type when Time In Lieu leave was taken.

Time off in Lieu of Overtime
Choose this work type when an employee elects to accrue time in lieu rather than be paid for any overtime.

Vehicle Kilometres + payment - over 5yrs and between 1601 and 2600cc
Choose this work type when the employee is required to use their own motor vehicle in the course of employment and whose vehicle is over five years of age and has an engine capacity of over 1600cc and up to 2600cc. The employee is to be paid a weekly standing charge allowance plus the amount per kilometre for the distance travelled in performing duties. The kilometres travelled should be entered into the ‘units’ field.

Vehicle Kilometres + payment - over 5yrs and over 2600cc
Choose this work type when the employee is required to use their own motor vehicle in the course of employment and whose vehicle is over five years of age and has an engine capacity of over 2600cc. The employee is to be paid a weekly standing charge allowance plus the amount per kilometre for the distance travelled in performing duties. The kilometres travelled should be entered into the ‘units’ field.

Vehicle Kilometres + payment - over 5yrs and up to 1600cc
Choose this work type when the employee is required to use their own motor vehicle in the course of employment and whose vehicle is over five years of age and has an engine capacity of up to 1600cc. The employee is to be paid a weekly standing charge allowance plus the amount per kilometre for the distance travelled in performing duties. The kilometres travelled should be entered into the ‘units’ field.

Vehicle Kilometres + payment - up to 5yrs and between 1601 and 2600cc
Choose this work type when the employee is required to use their own motor vehicle in the course of employment and whose vehicle is up to five years of age and has an engine capacity of over 1600cc and up to 2600cc. The employee is to be paid a weekly standing charge allowance plus the amount per kilometre for the distance travelled in performing duties. The kilometres travelled should be entered into the ‘units’ field.

Vehicle Kilometres + payment - up to 5yrs and over 2600cc
Choose this work type when the employee is required to use their own motor vehicle in the course of employment and whose vehicle is up to five years of age and has an engine capacity of over 2600cc. The employee is to be paid a weekly standing charge allowance plus the amount per kilometre for the distance travelled in performing duties. The kilometres travelled should be entered into the ‘units’ field.

Vehicle Kilometres + payment - up to 5yrs and up to 1600cc
Choose this work type when the employee is required to use their own motor vehicle in the course of employment and whose vehicle is up to five years of age and has an engine capacity of up to 1600cc. The employee is to be paid a weekly standing charge allowance plus the amount per kilometre for the distance travelled in performing duties. The kilometres travelled should be entered into the ‘units’ field.

Vehicle Kilometres only
Choose this work type when the employee is to be paid a per kilometre allowance only for all use of the employee’s own motor vehicle in the course of employment, to a maximum of 400 km per week. The kilometres travelled should be entered into the ‘units’ field.

Vehicle Kilometres only - motor scooter/cycle
Choose this work type when the employee is to be paid a per kilometre allowance only for all use of the employee’s own motor scooter or motor cycle in the course of employment, to a maximum of 400 km per week. The kilometres travelled should be entered into the ‘units’ field.

 

Shift Conditions
Shift Conditions are further detail you can add to a shift where perhaps more than one work condition applies to your shift. Create a new shift each time a shift condition changes. Shift conditions are selected when you edit a timesheet record, or when clocking on using the ClockMeIn Time and Attendance app. The following is a list of Shift Conditions employees can select on their timesheet and a reference guide for each item.

Call-out
Select this shift condition when the employer and employee have agreed in writing for the employee to be paid due compensation for being on a call-out. The time during which the employee is on a call-out will not count towards an accrual of ordinary hours of work. The agreed allowance will need to be entered into the Employee's Pay Rate screen under pay category "Call-out Allowance" so that the correct agreed allowance rate is paid.

On Stand-by
Select this shift condition when the employer and employee have agreed in writing for the employee to be paid due compensation for being on stand-by. The time during which the employee is on a stand-by will not count towards an accrual of ordinary hours of work. The agreed allowance will need to be entered into the Employee's Pay Rate screen under pay category "Stand-by Allowance" so that the correct agreed allowance rate is paid.

Waive meal break - less than 6 hour shift
Select this shift condition when an employee's rostered hours are no longer than six hours and the employee has elected, with the employer’s approval, to waive a meal break.

Working on a Rostered Day Off
Select this shift condition when an employee is required to work on their rostered day off or half day off work.

 

Tags
Employee Tags are specific conditions typically related to the employee’s agreement. These are often conditions negotiated and agreed between the employer and the employee, or unique characteristics of the employee’s role which are recurring and ongoing.

TIL of OT
Assign tag when the employer and employee agree in writing under clause 24.2 for the employee to accrue time in lieu of overtime worked.

Use own vehicle - lump sum payment
Assign tag if the employer and employee expressly agree in writing for the employee to receive a lump sum payment for using their own motor vehicle in performing their duties.

Use own vehicle - standing charge plus kms
Assign tag if the employee uses their own motor vehicle in the course of employment and will receive a standing charge allowance plus the amount per kilometre for the distance travelled in performing their duties.

Vehicle over 5yrs and between 1601 and 2600cc
Assign tag if employee uses their own motor vehicle in performing their duties; over five years old and has an engine capacity over 1600cc and up to 2600cc.

Vehicle over 5yrs and over 2600cc
Assign tag if employee uses their own motor vehicle in performing their duties; over five years old and has an engine capacity over 2600cc.

Vehicle over 5yrs and up to 1600cc
Assign tag if employee uses their own motor vehicle in performing their duties; over five years old and has an engine capacity up to 1600cc.

Vehicle up to 5yrs and between 1601 and 2600cc
Assign tag if employee uses their own motor vehicle in performing their duties; up to five years old and has an engine capacity of over 1600cc and up to 2600cc.

Vehicle up to 5yrs and over 2600cc 
Assign tag if employee uses their own motor vehicle in performing their duties; up to five years old and has an engine capacity of over 2600cc.

Vehicle up to 5yrs and up to 1600cc
Assign tag if employee uses their own motor vehicle in performing their duties; up to five years old and has an engine capacity up to 1600cc.

 

 

Key Updates
 July 2024

1st

We have updated the award to reflect the Fair Work Commission's National Minimum Wage increase detailed in the Annual Wage Review 2023-24 decision and also includes updates to expense-related allowances. You can find more information on the Determinations here and here.

These changes come into effect from the first full pay period on or after the 1st July 2024. Please install these updates after you have finalised your last pay run before the first full pay period beginning on or after the 1st July 2024.

We have also updated the "Community Service Leave Taken" pay category, where it does not accrue super. 

March 2024

1st

We have updated the award to reflect the new provision, Clause 17.11 "Excess travelling," as per the Fair Work Commission’s Application to vary a modern award.  You can find information on the Determination here. In line with the change, we have created the following new categories:

New work type: Excess Travel

New pay categories: Casual - Excess travel and Permanent - Excess travel 

These changes come into effect from the first full pay period on or after 1st March 2024. Please install these updates after you have finalised your last pay run before the first full pay period beginning on or after the 1st of March 2024.

We have also updated the penalty loadings for Casual - Public Holiday and Casual - Public Holiday Overtime to align with the rates specified in the Fair Work pay guide.

August 2023

1st

From 1 August, all employees are entitled to 10 days of paid family and domestic violence leave each year. The (Unpaid) Family and Domestic Violence Leave configuration settings under awards have been updated - the leave category is disabled from award leave allowance templates, and the work type is not enabled automatically for all employees. Please ensure that employees no longer use the unpaid leave category or work type.

July 2023

1st

We have updated the award to reflect the Fair Work Commission’s National Minimum Wage increase detailed in the Annual Wage Review 2022-23 decision and also includes updates to expense-related allowances. You can find information on the Determinations here and here.

These changes come into effect from the first full pay period on or after the 1st July 2023. Please install these updates after you have finalised your last pay run before the first full pay period beginning on or after the 1st July 2023.

January 2023

July 2022

The Award has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of detailed in the Annual Wage Review 2021-22 decision. This also includes updates to expense-related allowances. Information on the Determinations can be found here and here. These changes come into effect from the first full pay period on or after 1 July 2022. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2022.

Unpaid Pandemic Leave has been disabled as this entitlement has now expired within this award. Additional information can be found on the Fairwork website.

January 2022

Unpaid Pandemic Leave has been disabled as this entitlement has now expired within this award. Additional information can be found on the Fairwork website. 

November 2021

The Award has been updated in line with the ATO's requirements for STP Phase 2 reporting. The reporting of gross earnings are now being disaggregated into distinguishable categories. The Pay Category payment classifications have been updated in line with the ATO specification categories found here. For further information please see our STP support article.

July 2021

The Award has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of 2.5% detailed in the Annual Wage Review 2020-21 decision. This also includes updates to expense-related
allowances. Information on the Determinations can be found here and here.

These changes come into effect from the first full pay period on or after 1 July 2021. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2021.

Updates have also been made to the Leave Category Family & Domestic Violence Leave, so that the balance is displayed in days instead of hours in line with the National Employment Standards.

Once the update is installed, all employee’s FDV leave balances will be displayed in days not hours. This will mean that an employee’s balance may now show as 38 days. In order to correct the balance please see How to Fix Family & Domestic Violence Leave Balance Data.

This update is to ensure that any new installs of this award conducted since 1 July are now captured with the SG increase from 9.5% to 10% for all pay categories. If you have installed this award between 1 July 2021 to 8 July 2021 for the first time, please ensure you select "NO" to preserve custom pay categories. If you were using this award prior to 1 July 2021, then you do not need to select "NO." Further information can be found in Incorrect SG rate used in pay runs article here.

 

1 November 2020

The Award, as part of Group 2 Awards, has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of 1.75% detailed in the Annual Wage Review 2019-20 decision. Information on the Determinations can be found here.

These changes come into effect from the first full pay period on or after 1 November 2020. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 November 2020.

June 2020

The award pay rate templates have been updated to reflect the Australian Taxation Office's decision to increase the cents per kilometre rate for work-related car expense deductions to 72 cents per kilometre. The new rate applies from the first paid date in the 2020-21 financial year.

April 2020

The award has been updated to reflect changes made as part of the Fair Work Decision around flexibility during coronavirus. The new schedule allows employees to take up to two (2) weeks unpaid pandemic leave. A new pay category (Unpaid Pandemic Leave Taken), leave category and work type (Unpaid Pandemic Leave) have been created. Also, the rule sets have been updated, where necessary, to include/exclude the work type and leave category to some pay conditions.  Further, the Leave Allowance Templates have been updated to ensure this new leave category is enabled and is now accessible for employees to take this leave when required.

Further, under this new schedule employees can take up to twice as much annual leave at a proportionally reduced rate if their employer agrees. The employee's pay rate and leave balance will need to be manually adjusted to half in each pay run for the period of leave.

February 2020

Due to recent changes to the interpretation of personal/carer's leave accrual under the National Employment Standards, updates have been made to the setup of the Award. Further information can be found here.

A new Leave Category called Personal/Carer's (10 days) Leave has been created. Also, new Leave Allowance Templates (LATs) have been created specific to 10 days accrual per year for each state and the LATs have been attached to the current Employment Agreements for selection options for an employee's LAT in their Employee Default Pay Run screen. Any rules impacted by Personal/Carer's Leave have also been updated with the new leave category. 

Instructions on converting the accruals to the 10 day method can be found here.