About the Contractor & Conjunctional Agent Pack (Real Estate Sales Agent)

Using contractors is commonplace in the real estate industry, and it’s an attractive proposition so why not?

Unlike employees, contractors aren’t entitled to the same rights and benefits, giving you greater financial flexibility, and they can also be good for risk management as they’re legally liable for their own work. Another name for contractors agents is ‘conjunctional agents’. A waring – if they are not conjunctional agents, then there is a very large risk they will be deemed as employees.  

Often times, people mistakenly believe that their workers are contractors or employees, when under the law they may not be. It is no longer sufficient for worker agreements to just have a label slapped on top marking them as “contractors” or “employees”; instead, there are various legal ingredients that it needs to satisfy as well. Beyond this, it’s not as simple as it seems to convert employees to contractors.

Knowing whether workers are employees or contractors is important if you want to avoid getting into legal trouble. Treating workers as contractors, when they may actually be employees (even if you aren’t aware of it), is against the law. This is because employees have specific legislated benefits that contractors don’t, and not meeting these requirements can result in hefty fines, loss of your client’s trading license, and/or court battles.  

So, if you want to take the legal hassle out of contractor relationships, you’ve come to the right place.  

With your Contractor Pack, discover the various characteristics separating contractors and employees including: 

• Whether your workers have employees carrying out their work 

• How they are renumerated and paid  

• Their intellectual property rights and use 

• Whether they’re subject to KPIs  

• The type of insurance they need to hold 

• Their leave and superannuation entitlements 

• Who owns the clients

• …and a whole heap of other considerations!  

With your Real Estate Contractor and Conjunctional Agent Pack you will be able to review your client’s workers agreements, and then effectively put contractor regimes into place – all without having to worry about the legals and receive:

• A litmus test to help you determine whether the workers are employees or contractors, or in some cases both, and why this may be;   

• A contractor and conjunctional agent agreement template you can use to appropriately structure your contractor relationships, making it difficult for the government/courts to consider your clients people as anything but independent; 

• Example commission structure to apply to your client’s contractor if they are a sales agent; 

• Together with explainer videos you easily work your way through the pack without worrying about doing the wrong thing.  

OPTIONAL EXTRA – Ensure you are set up right from the start to protect you. If you have any questions, feel free to reach out to Kristen Porter to book in for a consulting/coaching session.

Boring legal stuff: No legal advice included. Whilst this product has been designed and prepared by lawyers, this is general advice only and cannot be relied upon as legal advice as it does not take into consideration your or your client’s exact circumstances. This information is for guidance only as there are many variables in preparing agreements and advising your clients. PS - congratulations if you have read this far, you must love legal disclaimers or are a sucker for punishment.