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

26. ENGAGEMENT BY MORE THAN ONE EMPLOYER

(i) An employee may, with the consent of his/her original employer, represent, at the same time, more than one employer. An employer so consenting shall forward forthwith to the Industrial Registrar and to the Secretary of the National Union of Workers New South Wales Branch a notification setting out the name of the employee, the territory to be covered and the name or names of the other employer or employers whom the employee will represent. Such notification must be signed by the employee concerned as a consenting party. A similar notification shall be forwarded by an employer engaging an employee already employed on a partial basis only.

(ii) Where employers have complied with sub-clause (i) of this clause, the minimum remuneration payable by each such employer shall be -

(a) if there are two employers who have so notified - one half of the appropriate weekly remuneration prescribed in this award;

(b) if there are three employers who have so notified - one third of the appropriate weekly remuneration prescribed in this award;

(c) if there are four or more employers who have so notified - one fourth of the appropriate weekly remuneration prescribed in this award.

(iii) The remuneration payable by any employer who has not given the said notification shall be as prescribed in Parts I - Local Employees, and II - Country Employees, of this award, as the case may be.

(iv) In the event of any joint employer or employers ceasing to employ an employee it shall be incumbent upon both employer and employee to notify the Industrial Registrar, the Secretary of the Union, and other joint employers within three days of such cessation. The remaining employers shall be liable in equal proportions, but not less than one-fourth, for the minimum remuneration specified in the said Parts I or II, as the case may be, from the date of the said cessation. All notifications given to the Industrial Registrar and the Secretary of the Union or any employer under this clause shall be in writing and shall be open to inspection by the Secretary of the Union of his/her authorised representative.