4 yearly review of modern awards—Real Estate Industry Award 2010

The Fair Work Commission (FWC) was called upon to conduct a four-yearly review of the Real Estate Industry Award 2010, in accordance with section 238 of the Fair Work Act 2009. The review, designated as AM2016/6, was prompted by submissions from various stakeholders, including the Real Estate Institute of New South Wales and the Property Institute of Australia. These submissions highlighted a range of issues affecting the real estate industry, prompting the FWC to consider whether adjustments to the award were necessary to address the identified problems.

The central legal issues before the FWC involved determining the appropriate adjustments to the award, if any, to reflect changes in the real estate industry over the four-year period since its last review. The FWC had to consider whether the existing provisions of the award adequately covered the working conditions, classifications, and remuneration of employees within the sector, and if not, what modifications were necessary to better align the award with current industry standards and practices.

In addressing these issues, the FWC thoroughly examined the submissions from the Real Estate Institute of New South Wales and the Property Institute of Australia, along with other relevant evidence. The FWC noted significant changes in the industry, such as the increased use of technology and changes in the regulatory environment. The Commission concluded that while some adjustments were necessary, the overall structure of the award remained appropriate. Consequently, the FWC decided to make several amendments to certain classifications and pay rates to better reflect the realities of the modern real estate industry. These amendments were intended to ensure that the award continued to provide fair and reasonable terms and conditions of employment for workers in the sector.

The FWC's final decision resulted in amendments to the Real Estate Industry Award 2010, aimed at addressing the substantive matters raised during the review process. The changes included updates to classification levels and associated pay rates, intended to ensure that the award remained reflective of current industry practices and standards. The FWC's decision aimed to strike a balance between maintaining fair and reasonable terms for employees and recognising the evolving nature of the real estate industry.