AN120149 – Commercial Travellers, &C., (State) Award
14. REMUNERATION - COUNTRY TRAVELLER
(i) The minimum remuneration, exclusive of any commission, shall be as set out in Table 1, of Part B, for the classifications of Country Employee and Country Wholesale Merchandiser.
(ii) Employees shall be paid weekly or fortnightly at the employer's discretion or monthly or by agreement between the employer and employee(s). Provided that in any case where at the date of operation of this award it was the practice in any establishment to pay monthly, such practice may be continued. Notwithstanding the foregoing, if the employer and the majority of employees agree, all employees may be paid their wages monthly.
If paid fortnightly, payment shall be made not later than the Friday in every second week. If paid monthly, payment shall be made not later than Friday in every fourth week and/or calendar month.
(iii) Probationary Travellers: An employer may employ a probationary country traveller subject to the following conditions:
(a) Where the Secretary of the Union approves, for a period of not more than three months; provided that, during the said period of three months, an employer shall not enter nor offer to enter into any agreement pursuant to clause 16, Part B, subclause (i), proviso (a) of this award.
(b) Where the Industrial Committee approves, for a period not exceeding twelve months in the aggregate (including the period specified in (a) hereof).
(c) No employer shall employ more than one probationary local or country traveller for each three local or country travellers in his/her employment.
(d) The probationary country traveller shall be employed at a minimum weekly rate of remuneration of 90 per cent of the minimum weekly rate of remuneration for a country traveller, prescribed in sub-clause (i) of this clause, such rate to be calculated to the nearest multiple of 10 cents, less than 5 cents to go to the lower multiple, 5 cents or more to go to the higher multiple. The minimum remuneration for a country probationary traveller shall be paid to such traveller in accordance with the provisions of sub-clause (ii) of this clause.
(v) No commercial traveller, sales representative or traveller shall be remunerated solely by incentive payments, nor by any salary or retainer which is lower than the said amount of minimum remuneration for a local traveller or country traveller, as the case may be.
NOTATION: It is recommended that in circumstances where the remuneration rates prescribed by this clause are increased by order of the Industrial Relations Commission of New south Wales pursuant to section 52 of the Industrial Relations Act 1996, as a result of a decision of a Full Bench of the Australian Industrial Relations Commission to reflect movements in the Consumer Price Index as a result of wage indexation cases, that employers bound by this award apply the indexation increase to an employee's actual rate of pay as defined hereunder.
"Actual Rate of Pay" in respect of this award, is defined as the total amount an employee would normally receive for performing his ordinary duties: Provided that such rate shall expressly exclude special duties allowance, fares, commission or other incentive payment and any other ancillary payment of a like nature: Provided further that this definition shall not include production bonuses and other methods of payment by results.
(vi) At the employer's discretion, wages shall be paid by cash, cheque or electronic funds transfer into the employee's bank (or other recognised financial institution) account.
