If your business provides real estate services, such as selling, leasing, or managing commercial or residential property in Australia, and you employ people to perform these services, you’re probably covered by the Real Estate Industry Award 2020 [MA000106].
Following the Fair Work Commission’s (FWC) annual wage review, the minimum pay rates under the Real Estate Industry Award 2020 increased by 3.5% from 1 July 2025.
Employers in the real estate industry must stay current with periodic adjustments to minimum wages, entitlements, and more. Failing to comply can lead to costly back pay, Fair Work penalties, reputational damage, and other serious consequences.
In this guide, we explain who the Real Estate Award covers, how to classify employees, and the latest pay rates, allowances, and employment rules you must understand to fulfil your obligations as an employer.
The Real Estate Award: A Quick Summary for Busy Managers
If you’ve only got a few minutes, here’s what you need to know.
Created by Australia’s Fair Work Commission, the Real Estate Industry Award 2020 [MA000106] sets minimum pay rates and employment conditions for employees in the real estate industry.
The award covers various critical considerations, such as:
- Award coverage: Despite what many employers think, this award doesn’t automatically apply to everyone working in the real estate industry.
- Employee types: Whether the employee works full-time, part-time, or as a casual employee, as this affects minimum pay rates and entitlements.
- Employee classifications: The level that reflects each employee’s duties and experience. For this Award, classifications range from Level 1 to Level 4 and apply to all covered employees, regardless of job title or employment type.
- Hours and timing of work: The difference between ordinary hours (contracted weekly hours) and overtime, weekend, or public holiday hours. Breaks are also factored in.
One easy-to-miss quirk: The Real Estate Industry Award allows some employees to be paid on a commission-only basis, provided they meet conditions set around licenses, employment type, and the Minimum Income Threshold Amount (MITA).
Common compliance issues in this industry include misclassifying sales employees as commission-only when they don’t meet eligibility requirements, misapplying overtime or penalty rates, and assuming a salary above the minimum pay rate automatically covers other allowances.
Coming up: Award dates and deadlines you need to know
| Date | What’s happening? |
|---|---|
| March to June 2026 | The FWC conducts an annual wage review, which may result in an increase to minimum rates across classifications. |
| Early June 2026 | The FWC typically announces its decision on any rate increases for the new financial year. |
| 1 July 2026 | New rates come into effect from the first full pay period on or after 1 July 2026 |
Award Basics
The Real Estate Industry Award 2020 sets minimum rates and entitlements for employees in the real estate industry, usually involved in buying, selling, leasing, or managing residential or commercial properties. It outlines requirements such as:
- Minimum hourly and weekly rates
- Overtime, weekend, and public holiday penalties
- Ordinary hours arrangements
- Allowances for different levels and types of real estate employees
- Meal breaks
- Specific rules for commission-based employees, who are common in the real estate sector
Importantly, the Real Estate Award isn’t alone in supplying workers’ rights in Australia. Every Modern Award builds on the baseline minimum entitlements set by the National Employment Standards (NES).
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Who’s covered under the Real Estate Award?
The Real Estate Award covers most employees working in the real estate industry across various fields, including acquisition, sale, management, and leasing of property.
Common roles include:
- Property managers
- Estate agents
- Property sales associates
- Property supervisors
- Strata or community title managers
- Agency managers
You can find a full list of covered employees on the Fair Work Ombudsman website.
Who isn’t covered under the Real Estate Award?
Some employees may work in the real estate industry but be covered by a different Award. For example:
- Handypersons (Building and Construction General On-site Award or Property Services Award)
- Cleaners (Cleaning Services Award)
- Real estate photographers (Graphic Arts, Printing and Publishing Award)
- Mortgage brokers (usually award-free)
- Real estate admin staff performing only clerical work (Clerks—Private Sector Award)
The award also doesn’t apply to employees covered by a registered enterprise agreement, which is a formal agreement between a business and its employees that defines minimum pay entitlements. Enterprise agreements typically replace Modern Awards, so long as they leave the worker better off overall.
Coverage self-check: Does the Real Estate Industry Award apply?
Go through these statements and see if they apply to you and your employee:
- My business operates in the real estate industry (selling, buying, leasing, or managing property in Australia).
- The employee is directly involved in sales or letting, property management, strata, or body corporate management (such as a property sales associate or a strata management associate).
- The employee’s primary duties aren’t covered by another industry or occupational award.
- There is no enterprise agreement covering the employee (if there is, the enterprise agreement generally applies instead, subject to award interaction and the BOOT).
- If you answered “yes” to all of these, the Real Estate Award probably applies.
Pro Tip
Unsure which award applies to your employees? Use the Fair Work Ombudsman’s ‘Find My Award’ tool.
Determining Real Estate Industry Award [MA000106] Requirements
Determining Real Estate Industry Award coverage isn’t as simple as relying on job titles. For fair minimum rates and entitlements, the FWC separates employees by employment type (how they work their ordinary hours) and classification level (based on their responsibilities, skills, and experience). This structure is the same across all Modern Awards.
Let’s understand these requirements with regard to the Real Estate Award.
Employment types
There are 3 types of employees covered under this Award: full-time, part-time, and casual.
- Full-time employees: Workers who are contracted to work an average of 38 ordinary hours per week over an 8-week period. They receive the standard entitlements under the award and NES.
- Part-time employees: Those contracted to work fewer than 38 ordinary hours per week, typically in a set arrangement. They receive the same entitlements as full-time employees on a pro-rated basis.
- Casual employees: Employees who work temporarily with no guarantee of ongoing work. They receive a 25% casual loading, rather than paid leave entitlements.
Full- and part-time employees are allowed either 1.5 or 2 rostered days off each week.
Streams, classifications, levels, and grades
Each employee must be placed in a classification level that reflects their experience, overall responsibilities, and day-to-day duties. This applies to every employee, regardless of employment type or job title. For instance, you could have a full- or part-time employee at any level.
Here’s a breakdown of the 4 main classification levels in the Real Estate Award:
| Level | Typical experience/duties |
|---|---|
| Level 1 (Associate level) | Employees who typically work under supervision. They support higher-level employees, respond to general queries, assist with preparing documents and collecting rent, and are not yet responsible for selling, listing, or managing properties. |
| Level 2 (Representative level) | Are trained and authorised to list, sell, manage, and appraise properties with limited supervision. They can supervise the preparation of documents, conduct inspections, manage accounting, and more. |
| Level 3 (Supervisory level) | Can perform level 2 duties while also managing other level 1 and 2 employees, delegating tasks, and coordinating operations. They also monitor operational plans, workplace safety, and employee training, among other tasks. |
| Level 4 (In-Charge level) | Perform higher-level duties and hold overall responsibility for agency operations, as well as compliance with real estate laws. They could, for instance, be appointed as Licensee-in-charge or Agency manager. |
While this table gives you a high-level overview, it’s not comprehensive. You should carefully review Schedule A of the official Real Estate Award to find the correct level.
Real Estate Industry Award Pay Rates and Entitlements Overview
Below is a general overview of the Real Estate Award rates and entitlements as they currently stand.
Minimum base rates
Here’s your Real Estate Industry Award pay guide for full-time and part-time employees working their ordinary hours:
| Level | Minimum Hourly Rate (full-time and part-time employees) | Minimum Weekly Rate (full-time employees) |
|---|---|---|
| Level 1 (Associate Level)—first 12 months | $25.39 | $964.80 |
| Level 1 (Associate Level)—after 12 months | $26.73 | $1,015.70 |
| Level 2 (Representative Level) | $28.12 | $1,068.40 |
| Level 3 (Supervisory Level) | $30.93 | $1,175.20 |
| Level 4 (In-Charge Level) | $32.34 | $1,228.90 |
The Real Estate Award wage rates for casual employees (including a mandatory 25% casual loading) are:
| Level | Minimum Hourly Rate (casual employees) |
|---|---|
| Level 1 (Associate Level)—first 12 months | $31.74 |
| Level 1 (Associate Level)—after 12 months | $33.41 |
| Level 2 (Representative Level) | $35.15 |
| Level 3 (Supervisory Level) | $38.66 |
| Level 4 (In-Charge Level) | $40.43 |
Did You Know?
The minimum rates differ for junior employees (under 21 years old), so consult “Schedule B—Summary of Hourly Rates of Pay” for a full breakdown. Pay arrangements also differ for commission-only employees. You can access the details in Clause 16 of the award.
Overtime rates
Overtime rates apply when any employee works beyond the average 38 ordinary hours or outside of their rostered days.
| Overtime type | Full-time and part-time employees (% of the minimum hourly rate) |
|---|---|
| Outside ordinary hours but not on a rostered day off | 100% |
| First 2 hours on a rostered day off | 150% |
| After 2 hours on a rostered day off | 200% |
| Overtime (outside of agreed hours) on public holidays | 200% |
The overtime rate for Casual employees is 125% of their minimum hourly rate.
Penalty rates
In the Real Estate Industry Award, penalty rates only apply during public holidays, as the award’s span of ordinary hours runs from Monday to Sunday.
| Type of Employee | Penalty Rate (% of the minimum hourly rate) |
|---|---|
| Adult full-time and part-time employees | 200% |
| Adult casual employees | 200% |
Employees who work public holidays are entitled to a minimum pay for 3 hours of work, even if they work fewer hours.
Breaks
The only break rule explicitly stated in the Real Estate Award is that employees must not be required to work more than 5 hours without a 30-minute unpaid meal break.
However, there are a couple of other important points to note:
- Employees may choose (with the employer’s approval) not to take a meal break if they’re rostered to work fewer than 6 hours.
- Meal breaks are not treated as time worked, so they’re unpaid.
Allowances
The award also outlines several allowances that apply when employees perform certain tasks or incur work-related expenses.
The Real Estate Industry Award allowances include:
| Allowance Type | Description | Amount |
|---|---|---|
| Motor vehicle allowance | When an employee uses their own vehicle for work-related duties | Paid per km or as a lump sum, and varies by the age of the engine and engine capacity |
| Motorcycle allowance | When an employee uses their own motorcycle or scooter for work-related duties | $0.33 per km, max: 400km/week |
| Mobile phone allowance | When an employee has to use their own phone for work-related duties | Min: 50% of phone plan, max: $100.00 per month |
| Uniforms | When an employee is required to wear a uniform (the employer can either buy the uniform or reimburse the employee) | Cost of uniform |
| Expenses | When an employee incurs work-related expenses at the request of the employer | Reimbursement |
| Excess travelling | When an employee has to travel to a location far from the business or office premises | Must be compensated at the ordinary, overtime, or penalty rate during travel, as applicable |
Read the award’s Allowances section for more details on specific allowances.
Leave entitlements
Leave allowances largely come from the NES and apply alongside the Award. Here’s a quick breakdown:
| Leave Type | Key Points |
|---|---|
| Annual Leave |
|
| Leave loading (extra payment on top of annual leave pay) |
|
| Personal/Carer’s Leave |
|
| Compassionate Leave |
|
| Parental Leave |
|
| Community Service Leave |
|
| Family & Domestic Violence Leave |
|
| Public Holidays |
|
Employees can also cash out annual leave if:
- There’s an arrangement in writing.
- The employee retains at least 4 weeks of accrued leave.
- The employee is paid at least what they would have earned if they had taken the leave.
The Real Estate Award also contains specific rules on leave in advance, excessive leave accruals, and more, so be sure to check them out in ‘Part 6—Leave and Public Holidays’.
💡 Pro Tip:
Explore the Fair Work Ombudsman’s Leave Calculator to determine applicable leave types.
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How to Determine Real Estate Industry Award Coverage
Determining award coverage in theory and practice can be very different. We want every employer to be fully prepared to meet employment obligations with ease, so we’ve created a practical example for additional guidance.
Real Estate Award [MA000106]: A practical, real-world example
A suburban real estate agency provides residential sales and residential property management in areas around Melbourne. There’s no enterprise agreement in place, so entitlements are based on the NES and the relevant Modern Award.
They’ve hired Sarah.
- Sarah is a 26-year old property manager, working full-time (38 hours per week, Monday-Friday).
- Sarah works under supervision.
- She manages a small portfolio of residential properties.
- She performs operational property management tasks, including conducting routine inspections, liaising directly with landlords and tenants, and coordinating maintenance and repairs.
- She works as an individual contributor and doesn’t manage a team.
- Sarah also uses her own car and mobile phone for work.
Sarah’s duties likely align with a Level 2 classification under the award because Level 2 includes a Property Management Representative or Property Manager and covers employees responsible for managing rental properties.
How the award applies:
- Coverage: Sarah will likely be covered by the Real Estate Industry Award 2020 because she works for a real estate agency and her primary duties relate to property management in the real estate industry.
- Classification and base rate: Sarah is likely classified as Real Estate Employee Level 2 (Representative Level). The current minimum rate for a full-time Level 2 employee is $28.12 per hour.
- Ordinary hours: In Sarah’s case, her proposed 38-hour Monday to Friday arrangement fits within the Award’s ordinary-hours framework. Full-time employees are also entitled to rostered time off under the Award.
- Overtime and penalty: Sarah is entitled to overtime and penalty rates.
- Breaks: Sarah is entitled to an unpaid meal break of at least 30 minutes and cannot be required to work more than 5 hours without one.
- Allowances: Because Sarah uses her own car for work, the employer must reimburse her in accordance with the Award’s motor vehicle allowance provisions. Because she also uses her own mobile phone for work, the employer and Sarah must agree in writing on a reasonable reimbursement, which for a phone plan must be at least 50% of the monthly plan cost, up to a maximum of $100 per month.
Common scenarios and compliance tips
Look out for these mistakes that can trip you up when implementing Real Estate Award rates and rules.
1. A property manager is paid a salary and regularly works overtime hours
Key checks:
- Even though the employee has a “manager” title, check if the award applies. For instance, if they manage the cleaning, they would actually be covered by the Cleaning Services Award [MA000022].
- Identify the correct classification level under the Real Estate Award.
- Make sure the salary not only meets the minimum hourly rate but also compensates for overtime at the correct rate.
- See how much overtime the employee worked; if it’s outside of ordinary hours but not on a rostered day off, they get 100% of the minimum hourly rate. If it’s less than 2 hours on a rostered day off, the rate is 150%, while if it’s more than 2 hours, it’s 200%.
2. A sales agent is paid commission with a small base wage
Key checks:
- Confirm the remuneration structure complies with the commission provisions of the Real Estate Award (see section 16 of the Award).
- Make sure the base rate still meets minimum award requirements for the classification.
- Ensure annual leave and other entitlements are applied correctly to the wage component of pay (leave loading, for example, is not applicable to commission-only income).
- Always make sure commission arrangements are expressly permitted and documented (for example, you can’t have a commission-only structure for casual employees).
3. Property manager uses their own car for inspections
Key checks:
- Check if the employee’s use of their car is either required or authorised.
- Pay the appropriate motor vehicle allowance based on the engine size and age.
- Also, keep accurate records of kilometres travelled, and check whether excessive travel applies.
- Reimburse other work-related expenses where required.
Common employer mistakes to avoid
Avoiding these common mistakes can help you maintain compliance and fair practices.
- Ignoring stand-by and call-out compensation requirements: Whenever a property manager or strata manager is required to be on stand-by or called out outside ordinary hours, the employer and employee must agree in writing on a reasonable method of compensation. Treating them as extra ‘ordinary hours’ can risk underpayment.
- Not reimbursing employees properly for using their own car: Many real estate employees use their own cars for work, but employers often pay a rough ‘Real Estate Award car allowance’ and assume that is enough. The award requires payment in accordance with its prescribed reimbursement methods.
- Forgetting rostered day off rules: There’s a difference between overtime pay on rostered days off and rostered working days, which many employers overlook. Agencies that use flexible rosters or weekend work often miss this distinction and underpay employees.
- Incorrect handling of commission-based arrangements: Commission doesn’t always replace entitlements, as many employers think it does. If, for example, an employee gets a small base wage plus commission, leave entitlements still apply (on a pro-rata basis) for the wage component of the pay.
Glossary
Ordinary hours
The standard hours of work set by the award (i.e., 38 hours for full-time employees, and fewer than 38 hours for part-time employees).
Individual flexibility arrangements
Variations made to an employee’s entitlements with the express, written agreement of both the employer and employee.
Casual loading
An extra payment made to casual employees to compensate for their lack of certain benefits. This is currently 25% of the minimum hourly rate.
Rostering
Scheduling employee shifts in advance so all workers know when they’ll be working and when they’ll be off.
Strata or community title
When each unit in a block of apartments or dwellings is owned by a separate owner, but all share collective responsibility for community spaces like roofs or gardens.
Resources and Links
- Real Estate Award [MA000106]: The Fair Work Ombudsman’s summary of who is and isn’t covered by the Real Estate Award.
- Real Estate Industry Award 2020: The Fair Work Ombudsman’s full online version of the Award.
- Downloadable Pay Guide: A downloadable Real Estate Award pay guide.
FAQs
What Award covers real estate employees in Australia?
The Real Estate Industry Award [MA000106] covers most real estate employees in Australia. However, it doesn’t cover every employee at a real estate company. For example, real estate photographers, cleaners, and admin staff may fall under other awards.
How much do real estate agents get paid in Australia?
It depends on their experience and level of responsibility. The minimum hourly rate under the Real Estate Award ranges from $25.39 (Level 1 employees) to $32.34 (Level 4 employees).
What is the Award rate in Australia?
Most employees in Australia have entitlements governed by a specific Modern Award. For example, the Fair Work Real Estate Award sets out minimum pay rates, overtime and penalty rates, and allowances for real estate workers.
Disclaimer
The information provided here is a summary only and does not constitute legal advice. While we have made every effort to ensure the information provided is up to date and reliable, we cannot guarantee its completeness, accuracy, or applicability to your specific situation. Laws change frequently, and outcomes may vary depending on your business circumstances. We recommend consulting a qualified employment lawyer before making decisions related to workforce management. Please note that we cannot be held liable for any actions taken or not taken based on the information presented on this website.