DETERMINATION

Fair Work Act 2009
s.157—Application to vary or revoke a modern award

Applications to vary the Real Estate Industry Award 2020
(AM2020/14 and AM2020/23)

REAL ESTATE INDUSTRY AWARD 2020
[MA000106]

Applications to vary Real Estate Industry Award 2020 in response to COVID-19 pandemic.

A. Further to the decision [[2020] FWCFB 3946] issued by the Full Bench on 4 August 2020, the above award is varied as follows:

1. By inserting Schedule I as follows:

Schedule I—Award Flexibility During the COVID-19 Pandemic

I.1 Where an annual review of a commission-only arrangement is undertaken pursuant to clause 16.7(h) after 6 August 2020, the months of May, June, July, August, September and October 2020 (the COVID-19 months) may be disregarded in the calculation of the MITA for the preceding 12-month period under review if the work in those months has been impacted by COVID-19. The MITA will be adjusted accordingly in proportion to the number of months disregarded, provided that, where the commission-only employee’s review date falls part way through any COVID-19 month, that month may only be disregarded where the review is due after the 14th of the month.

I.2 An employee who is not employed as a commission-only salesperson as at 6 August 2020, shall not be eligible to be employed on a commission-only basis prior to 1 November 2020.

2. By updating the table of contents and cross-references accordingly.

B. This determination comes into operation on 6 August 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 6 August 2020.

VICE PRESIDENT

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