AN120149 – Commercial Travellers, &C., (State) Award
(i) Application - Notwithstanding any agreement to the contrary, the provisions of this clause shall apply to all employees covered by this Part.
(ii) Details to be furnished on payment of commission - At the time of payment of commission the employer shall furnish to the employee a written statement showing the names of the customers, the quantity, price and/or value of the orders obtained or the goods sold, the commission rate thereon and any deductions. Copies of invoices together with a written statement of any deduction may be substituted for the statement.
(iii) Basis of Commission - Commission at the rate agreed upon shall be paid on the full invoice value of the order (less appropriate tax), and any discount for cash settlement which may be allowed shall not be deducted from the full invoice value of the order or from the commission payable.
(iv) Crediting Employee's Returns - Orders or business received by an employer from a territory covered by an employee shall be credited to such employee and the employee shall be deemed to have earned commission at the agreed upon rate in respect of such orders or business, and full commission at the agreed upon rate shall be paid to the employee in respect of such orders or business.
(v) Alteration of Remuneration, Commission, or Territory - Subject to the provisions of sub-clauses (iv) and (v) of clauses 10 and 14 of this award, an employer shall not, until three months written notice of intention so to do is given to the employee, reduce or alter to the detriment of the employee -
(a) the amount of remuneration payable; or
(b) the rate or rates of commission; or
(c) the territory to be covered.
(vi) Commission Payable on Cessation of Employment - Where the employment of a commercial employee ceases the following shall apply notwithstanding the cessation of the employment -
(a) commission on orders obtained by the employee prior to the cessation of his/her employment shall continue to be paid to the employee for a period of six months from the cessation of the employment in accordance with the provisions of the contract of employment of this award; and
(b) where the minimum figure of sales has to be obtained before commission is payable, the value of orders booked by the employee in excess of such minimum figures over the period of his/her employment and executed by the employer within a period of six months of the cessation of the employment shall be added to the figures for the last period on which commission was calculated and shall be paid for at the commission rate agreed upon; and
(c) where the employment is terminated other than by the employee prior to the completion of any period during which goods sold and delivered are calculated to make up a stated figure or target, the stated figure or target shall be reduced pro rata in accordance with the time in such period worked and commission shall be paid on sales made exceeding such pro rata figure or target at the rate of commission agreed upon;
(d) where the employment ceases on account of termination by the employer due to the employee's misconduct, the employee shall not forfeit an amount exceeding one week's remuneration.
(vii) Copy of Agreement - Where the employer and the employee make a written agreement or agreements relating to commission or territory, the employee shall be provided with a true copy of such agreement or agreements. In the event that the employee mislays such copy or copies, he/she may request a further copy or copies from the employer, who shall provide same to the employee.
(viii) Observance of Agreement - Where the employer and the employee make a written agreement or agreements relating to commission, the employer shall pay commission to the employee in accordance with such agreement or agreements, subject to the provisions of this Part.
