Real Estate Industry Award
Covers real estate agency, business and hotel broking, strata and community title management, stock and station agency, buyers agency, and real estate valuation. 5 classifications (Level 1 Associate split into first/after 12 months, Level 2 Representative, Level 3 Supervisory, Level 4 In-Charge). Distinctive features: NO Saturday or Sunday penalty rates (ordinary hours can be worked any day); PH penalty 200% with 3-hour min (not 250%); overtime ONLY paid when working a rostered day off (hours over 38/week on a non-RDO day are paid at ordinary rate); commission-only employment is a strict pieceworker model with MITA eligibility test; detailed motor vehicle allowance table (18 rows across engine size + age + calculation method); mobile phone reimbursement at 50% of monthly plan capped at $100 plan; rostered time off 1.5 or 2 days/week; 8-week hours averaging.
Fully built. Rates, allowances, penalties and any required apprentice / junior rates are all wired to the rate resolver and have been verified against the consolidated award text and the latest pay guide.
Official Fair Work rates. This award’s minimum pay rates are synced directly from the Fair Work Commission’s Modern Awards Pay Database and updated automatically when the Commission changes them - including the annual wage review - so payroll always uses the current legal minimums without a manual update.
What's built
- All 5 cl 14.1 classifications at corrected July 2025 figures (L1 Associate first 12 months $964.80 + after 12 months $1,015.70; L2 Representative $1,068.40; L3 Supervisory $1,175.20; L4 In-Charge $1,228.90). Prior seeder had ALL 4 wrong (looked like Hospitality rates).
- Junior rates (cl 14.4) - under-19 60%, 19=70%, 20=80%, 21+ adult - seeded as AwardRate dimensional rows for all classifications.
- Detailed motor vehicle allowance table (cl 17.2 - 18 rows): 6 vehicle categories (3 engine sizes × 2 age brackets) × 3 components (standing charge / per km / lump sum alternative). Plus cl 17.3 alternative simple $0.98/km cap 400km/wk; motorcycle $0.33/km cl 17.5.
- Mobile telephone allowance (cl 17.7) - 50% of monthly plan, max $100/month plan reimbursement. Uniforms (cl 17.8) and excess travelling (cl 17.11) seeded.
- Overtime structure ONLY pays OT on rostered day off / half day off (cl 19.1(a) - D4): RDO first 2 hrs 150%, after 200%. Non-RDO hours over 38/week = 100% (ord rate) for FT/PT, 125% for casual (loading applied).
- Commission-only employment (cl 16.7) seeded as separate Pieceworker pay condition with strict eligibility configs: L2+ classification, real estate licence/registration, 21+, 12mo prior experience in last 3 years, MITA test (125% of classification rate annualised), 31.5% min commission rate, annual review, exclusion from cl 10/11/14/16.1/17.2-17.8/17.11/19.1-19.2/20.6.
- Stand-by and call-out (cl 19.3) for property/strata management roles encoded as configuration; written agreement requirement flagged.
- Public holiday rate 200% with 3-hour minimum payment (cl 25.3) - distinctive vs typical 250%/4hr. Continuous shift before/after part-day PH counts toward minimum.
- Annual leave loading 17.5% with carve-outs (cl 20.6(b)) - NOT payable on leave taken in advance, NOT payable to commission-only employees.
- RDO entitlement 1.5 or 2 days/week (cl 13.3); 8-week hours averaging (cl 13.2); both encoded as configuration flags.
- All 2 default super funds per cl 18.4 (substituted by PR794795 ppc 23 Jan 2026): REI Super, CareSuper.
Known limitations
- Commission-only MITA test (125% of classification rate annualised in any 12-month period in prior 3 years per cl 16.7(d)) requires the engine to sum total remuneration including commission/bonus over rolling windows. Operational/HR validation at engagement and at annual review (cl 16.7(h)).
- Stand-by and call-out (cl 19.3) requires per-employee written agreements; schema can't natively express 'this employee has a stand-by agreement worth $X/week'. Operational/HR system must track agreements.
- Motor vehicle allowance - resolver must select the correct row from employee's vehicle metadata (engine cc + compliance plate date stamp + chosen calculation method). Operational data collection required.
- Mobile phone allowance - engine must compare against actual plan cost and pay the lesser of $50 or 50% of plan. Stored at the maximum.
- Excess travelling (cl 17.11) requires the engine to compute time spent in excess of normal commute. Operational data: employee normal commute time + actual travel time per occasion.
- RDO 1.5 vs 2 days/week (cl 13.3) is per-employee - operational/HR check; configuration captures the available options.
- RDO-only OT (cl 19.1(a) - D4) requires engine to determine whether the day worked is the employee's RDO before selecting OT vs ord rate. Schema can't natively express this; configuration flags + scoped penalty rows handle the split.
Setup & special instructions
- Real Estate Employee Level 1 (Associate) auto-progresses from $964.80/wk to $1,015.70/wk at 12 months service, with prior L1 service counted (cl 14.2 NOTE).
- There is NO Saturday or Sunday penalty rate (cl 13.1 - D2). Ord hours may be worked on any day. Don't apply weekend penalties - work on Sat/Sun is paid at ordinary rate (or PH rate if applicable).
- Public holiday rate is 200% (NOT 250%) with min 3-hour payment (cl 25.3 - D3). Don't over-pay using the standard 250% PH rate.
- Overtime is ONLY payable when the employee is working on a rostered day off / half day off (cl 19.1(a) - D4). Hours over 38/week on a non-RDO day are paid at ord rate (100%) for FT/PT, 125% for casual (loading applied). Don't apply OT rates to non-RDO hours.
- Commission-only employees (cl 16.7) are pieceworkers with strict eligibility - L2+ classification, licensed, 21+, 12mo prior experience, MITA test. Casuals, juniors, and L1 employees CANNOT be commission-only. Engine must bypass cl 14 minimum rates, cl 17.2-17.8 + 17.11 allowances, cl 19 OT, and cl 20.6 AL loading for these employees.
- AL loading 17.5% NOT payable on leave taken in advance (cl 20.6(b)(i)) and NOT payable to commission-only employees (cl 20.6(b)(ii)). Engine must check leave-in-advance flag + employee type before applying loading.
- Hours of work can be averaged over 8 weeks (cl 13.2 - D11) - distinctive vs typical 4-week averaging.
- • Real estate
- • Property management
- • Real estate sales
- • Strata management
- • Community title management
- • Business broking
- • Hotel broking
- • Stock and station agency
- • Buyers agency
- • Real estate valuation
The consolidated award text is the authoritative source. Always confirm specific obligations against the award itself - Mployr's implementation status reflects what we've seeded; it does not replace legal advice.
Want to see this award running on your data?
We can demo a pay run on the real estate award using sample employees in a sandbox tenant - including any of the special-instruction steps above so you can see exactly what your team's day-to-day looks like.
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