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Re: Real Estate Retainers and Job Keeper

Initiate

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Replies 7

I am an eligible employee and am a real estate agent on a debit/ credit pay, and employer is receiving $1500 on my behalf but is keeping the job keeper and advancing us our retainer as a debit which will have to be paid in full not the portion above $1500. Both fairwork and ATO are not giving us answers .
Our employer presented us with some.extract of information or advice they believe to be correct but it still refers to them pocketing the jobkeeper and then recovering advancement.
Someone please help answer this at appears many agents are asking but going in circles.
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Devotee

Replies 5

The same principal applies as for any other employee. If your usual wage or commission or retainer is more than $1500 per fortnight, then you get your usual payment. You do not get your usual PLUS JK. The JK payment to your employer is to reduce stress of paying employees to help businesses stay open. The only time you get your usual pay plus JK is of your pay is less than $1500 per fortnight usually, and in that case you will receive $1500 less PAYG.
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Most helpful response

Devotee

Replies 5

The same principal applies as for any other employee. If your usual wage or commission or retainer is more than $1500 per fortnight, then you get your usual payment. You do not get your usual PLUS JK. The JK payment to your employer is to reduce stress of paying employees to help businesses stay open. The only time you get your usual pay plus JK is of your pay is less than $1500 per fortnight usually, and in that case you will receive $1500 less PAYG.

Newbie

Replies 4

This does not answer the question in any way and is not helpful.
It is obvious that real estate companies are not paying the jobkeeper that they claiming for the sales rep to the sales rep as they are charging the reps debit account their full retainer payment.
By my understanding this is illegal. The money received for jobkeeper has to go to the employee.
The employee should only receive a debit on their retainer of the difference between the jobkeeper and the retainer amount.
Example: if you are paid $800 retainer and your employer is receiving $750 jobkeeper on you behalf then you retainer debt should only go up by $50 (difference) but this is not the case. We are seeing wide spread fraudulent activity in this industry with employers still debiting the sales rep the full $800. Why is this happening and why can we not get answers or support from the ato or fair work Australia. I am $33,000.00 in debt on my retainer now because of this and my employer has pocketed half of this from the ato.
Action is required

Initiate

Replies 3

That is the point! Noone is addressing the disparity of this issue. The email to the treasurer's office I sent to inform of this issue has even gone without being acknowledged! Fair Work Commission doesn't have an issue with what's being done to employees due to the fact that as employees we have no collective strength as an industry and therefore individual's have no 'power' or 'won't' speak out against their employer naturally as then they jeopardise their jobs, nor will be highlight a potential filure of your ability to create an income stream as therefore that may highlight you as not being a success in the industry. Proven / unproven it is happening! The opinion they have is you are receiving a retainer (an advance)- so you have been paid- what's your problem? I would love to see other industries be advanced money or conditions and then have to repay them to their employer! I hope anyone is this position is making the noises necessary to highlight the unfairness of this situation the best you can. 

Initiate

Replies 2

Has anyone had clear confirmation regarding this issue as yet? This is absolutely ridiculous and SO UNFAIR!  Why is no one giving straight answers? This has been voiced by so many others for MONTHS and now we are reaching the end of the subsidy scheme with still nothing done to fix this. Our employers  have been reimbursed double each month by our commissions and then the subsidy and have been allowed to get away with this and all we have been left with is thousands of dollars of debt. I just can't understand why they are being allowed to get away with this?????????

We have confronted our employers about this multiple times and they keep replying with "However, it must be noted that the debit and credit system as well as your original contractual terms that are in place, will continue as per usual as this is separate to the Jobkeeper Wage Subsidy" 

SOMETHING NEEDS TO BE  ABOUT THIS DONE !! PLEASE!

Megastar

Replies 1

@RE001this sounds very infuriating but unfortuntely not something that involves tax. Seems more like an industry issue or maybe get some legal advice.

Community Moderator

Replies 0

Hi @REOO1

 

On another post they have advised that fair work have suggested legal advice, not exactly the same situation. I presume that you have contacted them already.

 

 

Initiate

Replies 0

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.

 

https://issuu.com/eamagazine/docs/ea_august_2020_web/18