AP805733 - Commercial Travellers (A.C.T.) Award 2000
21.1.1 Notwithstanding any agreement to the contrary, the provisions of this subclause shall apply to all commercial travellers and wholesale merchandisers receiving commission.
21.1.2 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 and deduction may be substituted for the statement.
21.1.3 Commission at the rate agreed upon shall be paid on the full invoice value of the order (less Sales 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.
21.1.4 Orders or business received by an employer from a territory covered by a traveller 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.
21.1.5 An employer shall not, without three months written notice to the employee, reduce or alter to the detriment of the employee:
21.1.5(a) amount of remuneration payable;
21.1.5(b) the rate or rates of commission; or
21.1.5(c) the territory to be covered.
21.1.6 Where the employment of a commercial traveller terminates the following shall apply notwithstanding the cessation of the employment:
21.1.6(a) commission or orders obtained by the traveller prior to the cessation of their 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
21.1.6(b) where a 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 their 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 the commission rate agreed upon;
21.1.6(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; and
21.1.6(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.
21.1.7 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.
21.2 Unless the employer and the employee otherwise agree in writing, the following provisions shall apply:
21.2.1 commission shall be calculated on a monthly basis; and
21.2.2 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:
21.2.2(a) orders obtained by an employee in excess of the quota of goods allotted to him or her for sale by his or her employer; and
21.2.2(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.
21.2.3 commission earned by the employee shall be paid to him or her by the employer no later than fourteen days after the last day of the calendar month during which the commission was earned.
21.3 Notwithstanding any written agreement to the contrary commission shall be deemed to have been earned by an employee no later than the date of execution of the order and commission earned by the employee shall be paid to him or her no later than 21 days after the last day of the calendar month during which the order was executed.
