We’re in read-only mode while we do some scheduled maintenance to bring you a bigger, better and brighter online community. You can still search the site to find answers or take a look at our current top 10 questions.
REIV answers this question in their August 2020 Magazine:
Should my employer be treating JobKeeper as part of my retainer to be recovered through commission on sales?
Under the Real Estate Industry Award salespeople, unless they are employed on a commission only basis, are
entitled to a wage. Their employment agreement should also contain details of how commission will be calculated The retainer debit/credit system is not contained in the Award, it is instead adopted by many agencies as a convenient way to calculate commission entitlement.
In regular times the wage paid to a salesperson comes out of the employer's "pocket" and is recovered from the commission the salesperson earns. The salesperson is then paid the amount by which commission earned exceeds the amount that has come out of the employer's pocket.
Under JobKeeper, a portion of the wage each fortnight comes from the government rather than the employer, so if the employer "recovered" it they would be recovering something which has not been an expense to them and in effect they would not be passing on the JobKeeper payment to the employee.
The ATO is working to ensure the integrity of JobKeeper and among the fraudulent behaviours they have
identified is employers not passing on the run JobKeeper payment to employees.