Real Estate Industry Award 2010  | Commission, Bonus & Incentive Payment Arrangements

Who does this information apply to?

The information on this page applies to 'real estate' employers and their employees  


In order to preserve the integrity of commission, bonus & incentive payment arrangements between employers and their employees, the Real Estate Industry Award 2010 makes it compulsory that such arrangements be:

  • in writing

Compulsory Registration of these agreements with an Independent Third Party is no longer a requirement but parties to the agreement may elect to have their agreement so Registered for Safe Keeping

Visit the Fair Work Commission website to download the Real Estate Industry Award 2010.


Are contractors required to have an agreement?

The question as to whether a person is a contractor or employee is something that all parties should be very wary about. Just because a person provides an ABN number & a tax invoice this does not automatically make that person a contractor.

Employers have been prosecuted for employing persons under such arrangements when it is clear that the person is an employee and not a contractor. We suggest that parties seek comprehensive advice from a specialist workplace relations lawyer regarding such matters, and not just rely on an accountant or suburban solicitor’s view.

The Federal regulator, the Fair Work Ombudsman (FWO) has published information regarding contractor vs. employee, and sham contracting.  Please visit:

   Fair Work Ombudsman | Sham Contracting

See also the decision on a court case run by the Fair Work Ombudsman:

   FWO v Property Lovers | 2013


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