It’s Time For The Annual Mita Review

The Real Estate Industry Award 2020 requires employers to conduct a mandatory annual review to determine if their commission-only agents can continue to be paid on a commission-only basis.

This annual MITA review ensures commission-only agents meet the Minimum Income Threshold Amount.


To be engaged on a commission-only basis, an employee must satisfy all of the following criteria. They must:

  • Be engaged in either property sales or commercial, industrial or retail leasing at the Real Estate Employee Level 2 (Representative Level) or higher. They cannot be engaged at the Real Estate Employer Level 1 (Associate Level), as a casual or junior, on a part-time arrangement or as a trainee
  • Agree in writing to be remunerated on a commission-only basis and have a written agreement that sets out the basis upon which the commission is to be calculated
  • Have been issued with either a Real Estate Licence or be registered or permitted to perform the duties of a real estate salesperson under real estate law
  • Have been employed in property sales or commercial industrial or retail leasing for a consecutive period of at least 12 months in the three years prior to entering into the commission-only agreement
  • Be at least 21 years of age
  • Establish they have achieved the MITA.

On 1 April 2022, the MITA for a Real Estate Employee Level 2 (Representative Level) is $58,467.50.

An agent can only continue to be employed on a commission-only basis if they meet the MITA.

The employer may rely on any one of the following documents as proof that the MITA has been satisfied:

  • The agent’s Individual Payment Summary (formerly known as the Group Certificate)
  • The agent’s pay slips
  • The agent’s commission statement records or other sales records.

The employer can also request that an agent provide a statutory declaration stating the veracity of any documentation relied upon for the purposes of satisfying the MITA.

Agents engaged prior to 2 April 2018 –

Where a commission-only agent was engaged by the Agency on or before 2 April 2018, their first annual MITA review had to occur by 1 April 2019. Subsequent reviews will be on 1 April each year thereafter. The next review, therefore, must take place by 1 April 2022.

Agents engaged after 2 April 2018 –

Where a commission-only agent was engaged by the Agency after 2 April 2018, their annual MITA review must take place 12 months after their date of employment as a commission-only agent.


Agents engaged prior to 2 April 2018 –

If at the annual MITA review, the agent’s commission-only gross income is less than the required MITA, they cannot continue to be employed on a commission-only basis.

The employer has two options to deal with the employee in these circumstances:

  1. Immediately move the agent onto a salaried arrangement (i.e. engaged on a retainer basis); or
  1. Look towards terminating the employee.  Termination can only occur after a formal performance management process has occurred.

Do not hesitate to contact REEFWA on (08) 9365 7510 for any further information or assistance.

This annual MITA review ensures commission-only agents meet the Minimum Income Threshold Amount.

Written By Justin Lillyman

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