The Real Estate Industry Award 2020 provides specific leave entitlements for real estate employees in Australia, including annual leave, personal leave, and other forms of paid and unpaid leave.

Key Takeaways

  • Annual leave: 4 weeks (20 days) per year
  • Personal leave: 10 days per year
  • Public holidays: As per NES and state calendars
  • Shift loadings continue during annual leave
  • Part-time and casual employees have specific provisions

Leave Entitlements Under the Award

Annual Leave

  • 4 weeks (20 days) per year for full-time employees
  • Pro-rata for part-time employees
  • Accrues from first year of employment
  • Loading continues during leave
  • Cashed out on termination

Personal/Carer’s Leave

  • 10 days per year for full-time employees
  • Accrues from first year
  • Evidence requirements apply
  • Unpaid after exhausted entitlement
  • Carer’s leave included in entitlement

Other Leave Types

  • Compassionate leave: 2 days per occasion
  • Family and domestic violence leave: 10 days per year
  • Community service leave: As required
  • Jury service: As required
  • Long service leave: As per state legislation

Special Real Estate Provisions

Office Hours

  • Standard hours: Monday to Saturday
  • Public holidays: As per NES
  • Flexible arrangements: Common
  • Overtime: As per award provisions

Commission-Based Work

  • Leave: Based on ordinary hours
  • Commission: Not included in leave pay
  • Ongoing commissions: During leave
  • Documentation: Required

Casual Employees

  • Loading: 25% casual loading
  • Annual leave: Not entitled (loading compensates)
  • Personal leave: Not entitled
  • Public holidays: Entitled if would have worked

Common Scenarios

Scenario 1: Full-Time Real Estate Worker

  • Entitlement: 4 weeks annual leave
  • Loading: Continues during leave
  • Application: 2 weeks notice recommended
  • Approval: Employer may refuse on reasonable grounds

Scenario 2: Part-Time Real Estate Worker

  • Entitlement: Pro-rata based on hours
  • Calculation: Based on ordinary hours
  • Loading: Pro-rata during leave
  • Application: As per full-time process

Scenario 3: Casual Real Estate Worker

  • Entitlement: No annual leave
  • Loading: 25% compensates
  • Public holidays: Entitled if rostered
  • Termination: Loading paid out on termination

Compliance Checklist

  • Award coverage confirmed
  • Leave entitlements documented
  • Loading during leave calculated
  • Public holiday provisions applied
  • Part-time calculations correct
  • Casual loading documented
  • Evidence requirements communicated
  • Record keeping maintained
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