AN120149 – Commercial Travellers, &C., (State) Award

PART III – COMMISSION 

17. PROVISIONS APPLICABLE IN ABSENCE OF WRITTEN AGREEMENT

Unless the employer and the employee otherwise agree in writing, the following provisions shall apply -

(i) commission shall be calculated on a monthly basis; and

(ii) commission shall be deemed to have been earned by an employee as soon as the order is obtained by the employee, notified to the employer and accepted by the employer; provided that commission shall be deemed not to have been earned by an employee until the date of execution of the order in the following cases, namely -

(a) orders obtained by an employee in excess of the quota of goods allotted to him/her for sale by his/her employer; and

(b) orders obtained by an employee for goods which themselves are the subject of an import or dollar licence - or for goods which are themselves indented from overseas; and

(iii) commission earned by the employee shall be paid to him/her by the employer no later than 14 days after the last day of the calendar month during which the commission was earned.