AN150130 – Retail Industry (South Australia) Award

CLAUSE 4.10 CONDITIONS OF EMPLOYMENT SPECIFIC TO RETAIL OUTDOOR SALESPERSONS
OPDATE 15:03:2006 1st pp on or after

4.10.1 General

This clause shall apply in respect of employees engaged in the sale of goods by retail predominantly away from the employer's place of business. Except as is specifically provided by this clause, any other employment conditions for these employees shall be governed by the other clauses of this Award.

4.10.2 Hours of work and overtime

Clause 6.1 Hours of Work and Clause 6.10 Overtime shall not apply to employees paid pursuant to Schedule 4.

4.10.3 Weekends and public holidays

This clause 4.10.3 shall apply in lieu of Clause 6.3 Saturday and Late Night Work in Ordinary Time, Clause 6.9 Overtime Sundays and on Public Holidays and Clause 7.6 where it prescribes a penalty for employees who work ordinary hours on a public holiday.

A salesperson paid pursuant to Schedule 4 who is required by the employer to remain away from home on a Saturday or on a Sunday in excess of 24 hours shall receive (in addition to any other remuneration prescribed by this Award) an allowance as prescribed in Schedule 10 for any such day.

4.10.4 Special duties

An employee required by the employer to work at trade fairs, exhibitions, agricultural shows or for stocktaking purposes after 6.00pm Monday to Friday or after 12.00 noon on Saturday or on Sunday shall be paid at the rate as prescribed in Schedule 10 per hour for every hour worked with a minimum payment for 3 hours.

4.10.5 Sunday work

In addition to the allowance prescribed by clause 4.10.3, an employee who is directed by the employer to attend work on a Sunday (other than in the circumstances prescribed in clause 4.10.4) shall be paid double the appropriate ordinary rate of pay prescribed by Schedule 4. Double time shall be calculated by dividing the appropriate weekly rate by 38.

4.10.6 Commissions

4.10.6.1 The following provisions shall apply instead of Clause 5.3 Commissions.

4.10.6.2 The basis of the commission agreement shall be put in writing and a copy given to the salesperson within 14 days of commencing employment. The commission agreement shall not be altered except by mutual consent or by a week's notice in writing from the employer to the salesperson.

4.10.6.3 For the purpose of computing commission payable, goods shall be regarded as having been sold (and commission earned) on the date of despatch of the goods to the customer. Commission shall be paid to the salesperson not later than the last day of the calendar month following the month in which the goods were sold. Any commission paid pursuant to this clause may be adjusted in any subsequent month where goods have been returned within 3 months of despatch.

4.10.6.4 At the time commission is paid, each salesperson shall be furnished with sufficient information to enable the employee to check that the correct amount has been paid.

4.10.6.5 Where the employment of a salesperson is terminated for any reason other than serious misconduct or repeated misconduct justifying instant dismissal, the employee shall be entitled to commission for goods sold during employment where those goods comprised are despatched to the customer within 6 months of termination of employment.

4.10.7 Vehicle allowance

The following provision shall apply in lieu of Clause 5.7 Vehicle Allowance.

Where an employer provides a motor vehicle for the use of an employee, all expenses arising out of the provision, maintenance and operation of the vehicle for business purposes shall be paid by the employer.

Where a salesperson is required to use the salesperson's own motor vehicle (with the authorisation of the employer) in the course of duties, the salesperson shall be paid a minimum allowance as set out in Schedule 10. This allowance must be paid weekly or fortnightly unless there is mutual consent between the employer and employee to the contrary.

4.10.8 Expenses and accommodation

4.10.8.1 The wages prescribed in Schedule 4 do not include payment for approved expenses incurred in the discharge of the salesperson's duties. All such expenses shall be arranged between the employer and the salesperson and shall be paid weekly or fortnightly at the option of the employer. Where reasonably ascertainable, the expenses payable hereunder are to be paid in advance.

4.10.8.2 A salesperson or a junior salesperson shall be reimbursed for the cost of a midday meal (but not in excess of the amount prescribed in Schedule 10) for each day while on duty in a country area which is not the employee's home town.

4.10.8.3 Where an employee is given not less than 24 hours' notice by the employer of a obligation to work pursuant to clause 4.10.8.2, the meal allowance shall not be payable.

4.10.8.4 Clean, secure and comfortable accommodation shall be allowed and provided by the employer. Where sea or rail travel is necessarily involved, a first class rail or sea ticket shall be allowed and provided by the employer. Where air travel is necessarily involved, an economy class air fare ticket shall be allowed and provided by the employer.

4.10.8.5 The employer and the salesperson shall mutually agree what town shall be regarded as the traveller's home town. The employer shall not be liable for cost of accommodation of the traveller for the time spent in the home town.

4.10.9 Probationary salesperson

4.10.9.1 Probationary salesperson shall mean a salesperson with less than 6 months service.

4.10.9.2 The contract of hiring of a probationary salesperson having less than 4 consecutive weeks' experience as a salesperson may be terminated by either party on 2 days notice or by the payment or forfeiture of two-fifths of the ordinary weekly wage of a probationary salesperson.