AN120149 – Commercial Travellers, &C., (State) Award
PART A
(i) All means of locomotion required by an employer shall be provided and shall be fully maintained by the employer, but where a local employee by arrangement with his/her employer provides a motor vehicle he/she shall, in addition to all payments made to him/her in accordance with his/her contract of employment, be paid the following minimum allowance:
(a) For motor vehicles up to and including 2,000 cc a standing charge allowance as set out in Item 1, Table 2, Part B, plus a weekly amount calculated at the rate also set out in Item 1, Table 2 per kilometre for the actual distance travelled by his/her vehicle each week in connection with his/her employment.
(b) For motor vehicles over 2,000 cc a standing charge allowance as set out in Item 2, Table 2 per week plus a weekly amount calculated at the rate also set out in Item 2, Table 2 per kilometre for the actual distance travelled by his/her motor vehicle each week in connection with his/her employment.
(ii) For the purpose of sub-clause (i), of this clause, distance travelled to and from the place where the vehicle customarily is housed shall be deemed to be actual kilometres travelled by the vehicle in connection with the employee's employment.
(iii) A local employee having, by arrangement with his/her employer, provided a vehicle for use in connection with his/her employment shall be given at least four weeks' written notice of his/her employer's intention to terminate or alter such arrangement or in lieu thereof shall be paid the appropriate standing charge allowance for a period of four weeks.
(iv) The standing charge car allowance prescribed in sub-clause (i) of this clause shall be paid during each week of the calendar year except in respect of periods-
(a) when the employee is absent from duty otherwise than in accordance with the provisions of this award and without the consent of the employer; or
(b) in excess of three consecutive weeks when the vehicle is unavailable due to accident or mechanical defect; or
(c) in excess of a total of three complete weeks in any one year when the employee is unable to work on account of personal illness or incapacity; provided that any period of less than one complete week shall not be taken into account for the purpose of this paragraph.
(v) When a local employee is being paid by more than one employer in accordance with clause 26, Engagement by More Than One Employer, of Part IV - General, of this award, the minimum allowance payable by each employer, under this clause, shall be in equal proportion but not less than one-fourth of the minimum allowance herein prescribed.
(vi) Where a local employee resides outside the Counties of Cumberland and Northumberland and the City of Greater Wollongong and the major and substantial portion of his/her work is performed outside these areas he/she shall be paid a car allowance as provided by clause 16, Locomotion, of Part II - Country Employees, of this award.
(vii) Where the employer terminates the employment of an employee, who has provided a motor vehicle for use in connection with his/her employment, by payment in lieu of notice, or in circumstances where the employer is required to pay salary in lieu of notice, the standing charge allowance applying to the vehicle provided by the employee shall also be paid for the same period for which salary is paid or is required to be paid in lieu of notice.
(viii) An employee, who -
(a) at the time of his/her application for employment neither owned nor was in the process of acquiring the ownership in a motor vehicle by hire-purchase or otherwise; and
(b) informed the employer of the fact prior to his/her engagement; and
(c) was thereafter engaged on terms requiring him/her to provide a motor vehicle for use in his/her employment; and
(d) did provide such motor vehicle,
shall be guaranteed a minimum of thirteen weeks' employment and if the employer dismisses the employee, otherwise than for misconduct justifying summary dismissal, he/she shall pay the employee at the minimum rate of remuneration prescribed by clause 10, Remuneration, of this Part, for the unexpired portion of the period of thirteen weeks and also shall pay him/her the standing charge allowance prescribed by this clause in respect of such unexpired portion.
(ix) When an employee is directed to -
(a) provide a station wagon or similar vehicle not being a standard sedan car; or
(b) tow a trailer or caravan;
he/she shall be paid an amount as set out in Item 3, Table 2 per week for each week of use in addition to the appropriate allowance prescribed by sub-clause (i) of this clause.
(x) Provided that conditions approved by the said Union with respect to locomotion are observed and continue to be observed, the following companies are exempted in respect of their employees from the provisions of this clause:
Shell Chemicals (Aust.) Pty Ltd
Shell Company of Australia Limited
Mobil Oil Australia Limited
Caltex Oil (Australia) Pty Limited
Provided further that if the Union refuses its approval leave is reserved to each of the companies' abovementioned, and to the said Union, to apply as it may be advised with respect to this clause.
(xi) Provided that by agreement between the Union, the employer, and an industrial organisation of employers, alternative locomotion arrangements not less favourable to the employee may be made in lieu of the provisions of this clause.
(xii) In the event of an employer nominating a Service Station for the purpose of providing petrol and other mechanical assistance for vehicles used by employees in the course of their employment, and the employer provides a card or electronic system whereby the said vehicle can be filled with petrol or mechanically maintained, then the employee shall implement the system in accordance with the employer's instructions.
(xiii) A local wholesale merchandiser when employed on a full-time basis who, by arrangement with his/her employer, provides a motor vehicle shall, in addition to all payments made in accordance with his/her contract of employment, be paid a minimum locomotion allowance equal to that required to be paid to a local employee in accordance with this clause.
(xiv) A wholesale part-time or casual merchandiser shall be paid for the use of his/her motor vehicle an amount as set out in Item 4, Table 2 per kilometre travelled in connection with his/her employment. (See Annexure to award Appendix 1).
(xv) Part-time local employees shall be reimbursed for all motor vehicle related expenses incurred in their private vehicles by way of a payment as set out in Item 5, Table 2 per kilometre travelled in the course of employment.
PART B
AIR-CONDITIONING IN MOTOR VEHICLES
(i) Where the employer commences to lease or renews a lease or first purchases a motor vehicle for use by an employee working under the terms of this award, such motor vehicle shall be fitted with and continue to be fitted with an air-conditioning unit in reasonable operating order. Provided that:
(a) This requirement shall not apply if the employer and the employee mutually agree in writing that an air-conditioning unit should not be provided in respect of a particular vehicle. A copy of any such agreement shall be provided both to the employer and the employee.
(b) This requirement shall not apply to an employer in respect of an employee using a motor vehicle where such employee works solely outside of the summer months of the year.
(c) This requirement shall not apply to an employer in respect of an employee using a motor vehicle in any sector of New South Wales in respect of which the provision of an air- conditioning unit is mutually agreed in writing between the employer and the employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales.
STANDING CHARGE AIR-CONDITIONING ALLOWANCE
(ii) Where an employee by arrangement with his/her employer provides a motor vehicle and that vehicle is fitted with an air-conditioning unit, the employee shall be paid an allowance as set out in Item 6, Table 2 per week in addition to all payments made to him/her in accordance with his/her contract of employment. Provided that this requirement shall not apply to an employer in respect of an employee using a motor vehicle in any sector of New South Wales in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer and the employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales. The provisions of clause 12 and clause 16 relating to standing charge car allowance shall have equal application to the allowance provided by this sub-clause.
DRY CLEANING AND LAUNDRY ALLOWANCE
(iii) An employee working in a motor vehicle not fitted with an air-conditioning unit shall be paid a dry cleaning and laundry allowance as set out in Item 7, Table 2 per week, in addition to all payments made to him/her in accordance with his/her contract of employment: Provided that this requirement shall not apply to an employer in respect of an employee using a motor vehicle.
In any sector of New South Wales in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer and the employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales.
