Our ATO Community is here to help make tax and super easier. Ask questions, share your knowledge and discuss your experiences with us and our Community.
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.
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!
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.
Tell us about your ATO Community experience and help us improve it for everyone.Provide feedback