If you leave an agency mid-deal, who gets the commission?

Put the dates beside the agreement

Clause 16.4 of the Real Estate Industry Award deals directly with commission after employment ends. It means neither “you always lose it when you leave” nor “you always get the full amount” is a safe general answer. Real Estate Industry Award, clause 16.4.

For covered employees, the clause distinguishes serious misconduct from other reasons for leaving. It considers when a legally enforceable sale or lease contract exists, the exclusive agency period and the written pay agreement. It also links entitlement to the employer receiving cleared commission funds.

A handover needs more than a property list

Imagine an employee has helped with a listing but is leaving before settlement. That example does not tell us enough to calculate pay. We need the agency agreement’s status, relevant dates, the employee’s agreed share and the actual reason employment ended.

A signed sales contract and a settled transaction are separate milestones. The agency’s client payment is another. Keep them on a timeline so the discussion does not turn into an argument about what “finished” means.

Leaving can already feel awkward. You may want to keep good relationships while making sure your work is recognised. A calm written reconciliation is a reasonable request.

Ask for a transaction-by-transaction account

Before your last day, ask payroll or your manager to record each relevant matter, your claimed entitlement, the calculation used and any conditions still outstanding. Ask who will provide updates after your system access ends.

Retain documents you are entitled to keep, such as your employment agreement and pay records. Do not export the agency’s client database or take confidential transaction files to build your own evidence pack. Ask for an authorised statement instead.

Separate commission from other final pay

Unused leave, wages already due, notice and later transaction-linked payments can have different rules. Fair Work’s final-pay guidance helps you identify those categories. A contract also cannot remove minimum legal entitlements. Final pay; Employment contracts.

If the amount is disputed, ask for the reason and the exact clause in writing. Seek Fair Work guidance or independent legal advice rather than relying on another agent’s story from a different contract or state.

Your next step

Use Eight questions to ask before accepting a real estate job to prepare a dated handover and pay reconciliation. Resolve what you can before departure and keep a clear contact for anything that becomes payable later. Good records make a fair answer easier to reach.