AN150130 – Retail Industry (South Australia) Award
SCHEDULE 6 - DOOR TO DOOR SALES (EMPLOYMENT AND SUPERVISION OF CHILDREN)
OPDATE 15:03:2006 1st pp on or after
Whenever the following words are used in this award or Schedule they will have the meaning set out in this clause.
Child or children means a person or persons 15 years of age or under.
Door to door selling means the selling of goods and services from door to door.
Employ means employs for fee or reward and includes commission agent.
The person responsible for the child means a parent or legal guardian of the child.
Sell includes offer for sale.
CLAUSE S6.2 MINIMUM AGE AT WHICH CHILD MAY BE EMPLOYED IN DOOR TO DOOR SELLING
A person must not employ a child in door to door selling unless:
(a) the child is at least 14 years of age;
(b) the person has sighted satisfactory documentary evidence of the child’s age.
CLAUSE S6.3 MINIMUM AGE OF PERSON EMPLOYING CHILDREN IN DOOR TO DOOR SELLING
A child must not:
(a) employ or offer to employ another child in door to door selling;
(b) employ or offer to employ a person to supervise a child in door to door selling.
CLAUSE S6.4 WORKING HOURS OF CHILDREN EMPLOYED IN DOOR TO DOOR SELLING
S6.4.1 A person must not employ a child to do door to door selling:
(a) for more than 6 hours on any day;
(b) for more than 5 days in any period of 7 days (note that this clause does not detract from the operation of the Education Act 1972).
S6.4.2 A person who employs a child in door to door selling must ensure that the child does not work on any day after sunset or 6pm which ever is the earliest (note that this clause does not detract from the operation of the Fair Trading Act 1987).
CLAUSE S6.5 SUPERVISION OF CHILDREN EMPLOYED IN DOOR TO DOOR SELLING
S6.5.1 A person who employs a child in door to door selling must ensure that:
S6.5.1.1 While the child is working the child is clearly identified as working for the person by means of an identification badge or distinctive clothing;
S6.5.1.2 While the child is working the child is supervised by a person who is at least 18 years of age;
S6.5.1.3 The person supervising the child does not supervise more than 5 other children who are doing door to door selling at the same time;
S6.5.1.4 The child is accompanied by:
S6.5.1.4(a) A person responsible for the child; or
S6.5.1.4(b) A person who is at least 18 years of age and is authorised in writing by a person responsible for the child.
S6.5.1.5 The person referred to in S6.5.1.2 and S6.5.1.4 can be the same person.
S6.5.1.6 When the child is travelling between the child’s home and a work location or between different work locations, appropriate accommodation is provided at the employer’s expense for the child and a person responsible for the child or a person who is at least 18 years of age and is authorised in writing by a person responsible for the child, if the child’s employment requires the child to spend one or more nights away from home.
S6.5.2 A person who supervises a child doing door to door selling must, while the child is working:
S6.5.2.2(a) Remain in the general vicinity of the child at all times;
S6.5.2.2(b) Know the whereabouts of the child at all times;
S6.5.2.2(c) Make personal contact with the child at intervals of not more than 20 minutes.
S6.5.3 A person who supervises a child doing door to door selling must not, while the child is working, supervise more than 5 other children who are doing door to door selling at the same time.
S6.5.4 A person must not be employed as a supervisor of children doing door to door selling unless:
S6.5.4.1 The person to be employed is at least 18 years of age;
S6.5.4.2 The employer has obtained a certificate issued by the Commissioner of Police certifying as to the person’s criminal record;
S6.5.4.3 The employer is satisfied, having regard to the information disclosed by the certificate and any other evidence that the person is a fit and proper person to be such a supervisor.
CLAUSE S6.6 CHILDREN NOT TO ENTER MOTOR VEHICLES OR PRIVATE DWELLINGS TO MAKE SALES
A person who:
(a) employs a child to do door to door selling; or
(b) supervises a child doing door to door selling,
must not cause, suffer or permit the child to enter a motor vehicle or a building that constitutes a private dwelling for the purposes for making a sale to an occupant of the vehicle or dwelling.
CLAUSE S6.7 CHILDREN NOT TO CARRY MORE THAN $20 CASH
A person who:
(a) employs a child to do door to door selling; or
(b) supervises a child doing door to door selling,
must not cause, suffer or permit the child to have more than $20 cash in his or her possession at any time while the child is working.
This Schedule shall not be binding upon:
(a) any group or individual collecting money or making sales without fee, reward or commission and doing so solely for authorised charities or non profit organisations;
(b) persons exempted following application to the Commission.
