Police Clearances

James Linn Employee Relations Adviser A National Police Clearance is a summary of a person’s police history in Australia. It is a list of a person’s disclosable court outcomes and includes any pending charges from all jurisdictions across the country. Conducting a police clearance on a potential new employee is often a staple part of […]

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Casual Employment Information Sheet

The Fair Work Act 2009 (Act)was recently revised to include a statutory definition of a “casual employee”. Under this definition, a person will be classified as a “casual employee” if the person has been offered employment without a “firm advance commitment to continuing and indefinite work according to an agreed pattern of work” and the person […]

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Trainee Contract

REEFWA has recently included a Trainee Contact of employment to its suite of contracts of employment on the member website. It is noted that, the Australian Government has introduced a new wage subsidy to support businesses and Group Training Organisations employ new apprentices and trainees. Find out more about the scheme and what it means […]

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Is your business prepared for a snap lockdown?

During WA’s recent ‘hard and fast’ lockdown, businesses were forced to answer the question – are you prepared to move to remote work overnight?  REEFWA outlines the key actions you should take. 1. Review continuity planning Now is the time to fine tune your business continuity plan, keeping in mind that a future lockdown is […]

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Sexual Harassment in the Workplace – What do employers need to know?

Paris Lynch                         Employee Relations Officer What is sexual harassment? A number of high-profile sexual assault and harassment claims have been dominating the media headlines across Australia in recent months. Drawing attention to this crucial issue is a reminder for employers to have appropriate policies and procedures in place to deal with allegations of sexual harassment […]

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MITA Review is Coming Up, are your Contracts up to Date?

Justin Lillyman Senior Associate Workplace Relations If you employ salespeople on a commission-only basis, you will need to carefully review your obligations and take appropriate action as required. The Real Estate Industry Award 2020 requires that every 12 months (from 2 April 2021 onwards), a commission-only employee’s performance must be assessed against the minimum income […]

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Make April the Time to Review your Employee’s Contracts of Employment

Justin Lilleyman Senior Associate Workplace Relations Sometimes employers are unaware that their employment contracts do not provide the business with enough protection, and, when this is discovered, employers don’t have a mechanism to require employees to sign a new, improved employment contract. Lets make April the time to review your employee’s contracts of employment. It […]

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Work Health & Safety Act 2020

Matt Butterworth Safety & Risk Consultant Western Australia has joined New South Wales, Queensland, South Australia, the Northern Territory and Tasmania in adopting new harmonised work health and safety (WHS) laws. The Work Health and Safety Act 2020 (WA) (the Act) passed through the Legislative Assembly on 3 November 2020. The Act  replaces the existing Occupational Safety and Health […]

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Drug & Alcohol testing in the workplace

Paris Lynch                 Employee Relations Officer Employers have a duty of care to provide and maintain a safe working environment, so far as is reasonably practicable. This duty of care extends to the usage of drugs and alcohol in the workplace. Workers, including employees and contractors, who attend the workplace, under the influence of drugs and/or […]

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Have you checked your Employees Contracts lately?

As an employer it is important to consider reviewing and updating contracts of employment to ensure protection of commercial interests, reflect the changing circumstances of the employment and comply with evolving common law decisions regulating the law of employment.

Changes to the Modern Award

Over the past 5 years there have been a number of changes to the Real Estate Industry Award 2020 (Award) which have impacted on terms and conditions of employment that were previously applicable.

For example , the Award provisions previously permitted that commission-only employees could be paid their NES entitlements (e.g. annual leave and personal/carers leave) as part of their “all-up” commission rate.

Following a Full Bench decision in 2014, the Commission changed the Award provisions so that where a commission-only employee is employed on an all-up arrangement, the employee is entitled to be paid their NES entitlements when the leave is actually taken (rather than in advance as part of the commission payment).

Risks of Non-Compliance

If an employer fails to reflect relevant Award or legislative changes with their employee’s contracts of employment, non-compliance could result in significant financial implications for the company relating to underpayments. In addition, the company could be subject to legal proceedings resulting in possible penalty breaches of the Fair Work Act 2009 (up to $13,320 per contravention for an individual/director and $66,600 per contravention for the company).

What to do?

REEFWA continually reviews and amends the contracts of employment that are available to members, reflecting any Award amendments, legislative changes or significant legal decisions.

As the employment relationship is fluid and subject to significant changes over time, Employers should seriously consider reviewing and updating contracts of employment to ensure they are meeting all legislative and legal requirements in order to avoid possible financial ramifications and costly legal proceedings.

In order to assist you in reviewing and updating your employment contracts please contact REEFWA via email: ReefWA@cciwa.com or on (08) 9365 7510, where you will be put in touch with an experienced legal adviser who can discuss various options available to you.

Please Note! - The Membership fees will pro-rata depending on the day you join, to get today's rate please contact us on 9365 7510.