(159)

SERIAL C0507

COMMERCIAL TRAVELLERS, &c., (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Notice of award review pursuant to section 19 of the Industrial Relations Act 1996.

(No. IRC 957 of 2001)

Before Commissioner Patterson

28 June 2001

REVIEWED AWARD

ARRANGEMENT

PART A

1. Title

2. Award Modernisation

3. Flexibility of Work

4. Enterprise Agreements

5. Training

6. Meaning and Interpretation

7. Division into Parts

8. Statement of Engagement

Part I - Local Employees

9. Definitions

10. Remuneration

11. Expenses

12. Locomotion

Part II - Country Employees

13. Definitions

14. Remuneration - Country Traveller

15. Expenses

16. Locomotion

Part III - Commission

17. Provisions Applicable in Absence of Written Agreement

18. Provisions Applicable Notwithstanding Written Agreement

19. Special Provisions for Neon Signs

20. General Provisions

Part IV - General

21. Annual Leave

22. Annual Holidays Loading

23. Sick Leave

24. Personal/Carer's Leave

25. Long Service Leave

26. Engagement by More Than One Employer

27. Part-time Wholesale Merchandisers

28. Casual Wholesale Merchandisers

29. Wholesale Merchandiser Employment

30. Part-time Travellers

31. Holidays

32. Hours and Special Duties

33. Rostered Days

34. Substitute Commercial Travellers and Special Salespersons

35. Samples and Stock

36. Meals

37. Protective Clothing

38. Records of Employment

39. Particulars of Wages and Deductions Therefrom to be Given on Pay Envelope or in Statements

40. Notice Board and Posting Award

41. Termination of Employment

42. Redundancy

43. Certificate of Service

44. Disputes Procedure

45. Compassionate Leave

46. Jury Service

47. Repatriation Leave

48. Leave Reserved

49. Superannuation

50. Enterprise Consultative Mechanism

51. Arbitrated Safety Net Adjustments

52. Exemptions

53. Anti-Discrimination

54. Area, Incidence and Duration

Appendix I

Annexure - Wholesale Merchandiser Employment

PART B

MONETARY RATES

TABLE 1 - Remuneration

TABLE 2 - Other Rates and Allowances.

PART A

1. TITLE

This Award shall be known as the Commercial Travellers, &c., (State) Award.

2. AWARD MODERNISATION

(i) The parties are committed to examining this award to ensure it reflects the needs of modern business and to eliminate or amend provisions which restrict the ability of employers to adapt quickly and efficiently to changes affecting their business and the provision of service to the consumer/customer.

(ii) The parties are committed to modernising the terms of the award so that it provides for more flexible working arrangements, improves the quality of working life, enhances skills and job satisfaction and assists positively in the restructuring process.

(iii) The Union is prepared to discuss with employers all matters raised by the Union and the employers for increased flexibility. As such any discussion with the Union must be premised on the understanding that-

(a) changes will not be of a negative cost-cutting nature;

(b) the negotiations will include the union and employer associations;

(d) if agreement cannot be reached to the Industrial Registrar pursuant to the Industrial Relations Act, 1996 for resolution.

(iv) Should an agreement be reached between the parties pursuant to this clause at an enterprise and that agreement requires award variation for that enterprise, the parties will not oppose that award variation.

(v) The parties agree that under this heading any award matter can be raised for discussion.

3. FLEXIBILITY OF WORK

(i) Employees are to perform a wider range of duties, including work which is incidental or peripheral to their main task or functions.

(ii) Employees shall perform such work as is reasonable and lawfully required of them by the employer, including accepting instruction from authorised personnel.

(iii) Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee.

(iv) Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times.

(v) Discussion shall take place at the enterprise level with a view to reaching agreement for employees to perform a wider range of tasks, removal of demarcation barriers and participation of employees in additional training.

(vi) For the purpose of increasing productivity, flexibility and efficiency in mixed enterprises, as well as enhancing opportunities for employees, broad banding may extend, by agreement between an employer and an employee, to allow the employee to perform any work in a mixed enterprise within the scope of their skills and competence. A mixed enterprise is defined as an establishment where the primary operation is not covered by this award.

(vii) Subject to the provisions of sub-clause (v) of this clause, employees in a mixed enterprise shall not impose or continue to endorse demarcation barriers between the work of employees, provided that it is agreed that the work lies within the scope of the skill and competence of the employee concerned.

4. ENTERPRISE AGREEMENTS

(1) (a) As part of the Structural Efficiency exercise and as an ongoing process for the achievement of improvements in productivity and efficiency, discussion should take place at an enterprise to provide more flexible working arrangements, improvement in the quality of working life, enhancement of skills, training and job satisfaction, and positive assistance in the restructuring process and to encourage consultation mechanisms across the workplace to all employees in an enterprise and consideration of a single bargaining unit in all multi-union/union award workplaces. Union delegates at the place of work may be involved in such discussions.

(b) The terms of any proposed genuine arrangement reached between an employer and employee(s) in any enterprise shall, after due processing, substitute for the provisions of this award to the extent that they are contrary, provided that:

(i) A majority of employees affected genuinely agree.

(ii) Such arrangement is consistent with the current State Wage Case principles.

(c) (i) Before any arrangement requiring variation to the award is signed and processed in accordance with subclause (2), details of such arrangements shall be forwarded in writing to the union or unions with members in that enterprise affected by the changes and the employer association, if any, of which the employer is a member. A union or an employer association may, within 14 days thereof, notify the employer in writing of any objection to the proposed arrangements, including the reasons for such objection.

(ii) When an objection is raised, the parties are to confer in an effort to resolve the issue.

PROCEDURES TO BE FOLLOWED -

(2) Such enterprise arrangements shall be processed as follows:

(a) All employees will be provided with the current prescriptions (e.g. award, industrial agreement or enterprise arrangement) that apply at the place of work.

(b) (i) Where an arrangement is agreed between the employer and the employees or their authorised

representative at an enterprise, such arrangement shall be committed to writing.

Where the arrangement is agreed between the employer and an absolute majority of permanent employees under this award at an enterprise, such arrangement shall be committed to writing.

(ii) The authorised representative of employees at an enterprise may include a delegate, organiser or official of the relevant union if requested to be involved by the majority of employees at the establishment.

(c) The arrangement shall be signed by the employer, or the employer's duly authorised representative, and the employees or their authorised representative with whom agreement was reached.

(d) Where an arrangement is objected to in accordance with sub-clause (1) (c) (i) and the objection is not resolved, an employer may make application to the Industrial Relations Commission of New South Wales to vary the award to give effect to the arrangement.

(e) The union and/or employer association shall not unreasonably withhold consent to the arrangements agreed upon by the parties.

(f) If no party objects to the arrangement, then a consent application shall be made to the Industrial Relations Commission of New South Wales to have the arrangement approved.

Such applications are to be processed in accordance with the appropriate State Wage Case principles.

(g) Where an arrangement is approved by the Industrial Relations Commission of New South Wales and the arrangement is contrary to any provisions of the award, then the name of the enterprise to which the arrangement applies, the date of operation of the arrangement, the award provisions from which the said enterprise is exempt, and the alternative provisions which are to apply in lieu of such award provisions (or reference to such alternative provisions) shall be set out in a schedule to the award.

(h) Such arrangement when approved shall be displayed on a notice board at each enterprise affected.

(i) No existing employee shall suffer a reduction in entitlement to earnings, award or overaward, for working ordinary hours of work as the result of any award changes made as part of the implementation of the arrangement.

5. TRAINING

(i) The parties to this award recognise that in order to increase the efficiency, productivity and competitiveness of the industry, a greater commitment to training is required. For this purpose a consultative mechanism and procedure appropriate to the size, structure and needs of the establishment or enterprise may be established in order to process any issues and/or matters that may arise in relation to training. Accordingly, the parties commit themselves to:

(a) Maintaining and developing an appropriately skilled and flexible workforce.

(b) Providing the opportunity for career development consistent with the needs of the individual company.

(ii) An employer may develop a training programme consistent with:

(a) The current and future training needs of the enterprise.

(b) The size, structure and nature of the operations of the enterprise.

(c) The need to develop vocational skills relevant to the enterprise through internal courses or courses conducted by accredited providers.

6. MEANING AND INTERPRETATION

(i) Commercial Traveller, sales representative or employee shall include all persons within the jurisdiction of the Commercial Travellers (State) Industrial Committee whether remuneration is wholly or partly by commission or otherwise and whether employed wholly or partly on a commission basis or otherwise.

(ii) Conciliation Committee shall mean the Commercial Travellers (State) Industrial Committee.

(iii) Union shall mean the National Union of Workers, New South Wales Branch.

(iv) Remuneration shall mean the weekly amount (exclusive of any amounts payable for locomotion allowance and/or commissions or bonuses or other incentive payments) payable to the employee pursuant to clause 10, Remuneration, of Part I - Local Employees, and clause 14, Remuneration - Country Traveller, of Part II - Country Employees, of this award.

(v) Commission, for the purpose of this award, shall be deemed to include any financial incentive payment, financial bonus or financial reward directly related to the soliciting or obtaining of orders or business from a territory by an individual commercial traveller which is additional to remuneration payable to the employee pursuant to clause 10, Remuneration, of Part I - Local Employees, or clause 14, Remuneration - Country Traveller, of Part II - Country Employees, of this award.

(vi) Wholesale Merchandiser shall mean a person employed to promote business of whatsoever kind, or conduct market research and enquiry, in retail stores, including the preparation of display units, gondola ends and other areas where the promotion of business is required and may include, as a minor feature of the work, the taking of orders, but excluding the stacking of shelves in a shop, except in an emergency, other than persons employed by a bread manufacturer in a retail store.

7. DIVISION INTO PARTS

(i) PART I - LOCAL EMPLOYEES, of this award shall apply to Local Employees and Local Wholesale Merchandisers as defined herein.

(ii) PART II - COUNTRY EMPLOYEES, of this award shall apply to Country Employees and Country Wholesale Merchandisers as defined herein.

(iii) PART III - COMMISSION, of this award, shall apply to all Commercial Travellers and Wholesale Merchandisers who are remunerated by commission in addition to the remuneration prescribed by clause 10, Remuneration - Country Traveller, of Part II - Country Employees, of this award.

(iv) PART IV - GENERAL, of this award, shall apply to all Commercial Travellers and Wholesale Merchandisers.

8. STATEMENT OF ENGAGEMENT

In respect of every Sales Representative, Commercial Traveller or Wholesale Merchandiser, Probationary Sales Representative and Probationary Commercial Traveller, within 14 days from the commencement of the employment, the employer shall provide to each employee a written statement containing the information set out hereunder:

(a) the remuneration payable;

(b) the locomotion allowance payable;

(d) the conditions, and terms on which commission or any part thereof is payable or is not payable;

(e) deductions, if any, which are made or may be made from the commission payable; and

(f) if the employee has a territory, the boundaries or limits of such territory.

PART I - LOCAL EMPLOYEES

9. DEFINITIONS

(i) Local Employees shall mean a commercial traveller who is not required by his/her employer to remain away from his/her usual place of residence for more than fifty-four consecutive hours in any one week of seven days.

(ii) Unless the context otherwise requires, local employees shall include a local probationary traveller.

(iii) Statement of Engagement - In respect of every Sales Representative, Commercial Traveller, Probationary Sales Representative and Probationary Commercial Traveller, within 28 days from the operative date of this award or, where the employment commences after such date, within 14 days from the commencement of the employment, the employer shall provide to each employee a written statement containing the information set out hereunder:-

(a) the remuneration payable;

(b) the locomotion allowance payable;

(d) the conditions and terms on which commission or any part thereof is payable or is not payable;

(e) deductions, if any, which are made or may be made from the commission payable; and

(f) if the employee has a territory, the boundaries or limits of such territory.

(iv) Territory, for the purpose of this award, shall be deemed to include the geographic boundaries or any list of persons, or any combination thereof, from where or from whom the employee is required by his/her employer to solicit or obtain orders.

(v) Local Wholesale Merchandiser means a Wholesale Merchandiser (as defined in clause 6, Meaning and Interpretation) who is not required by his/her employer to remain away from his/her usual place of residence for more than fifty-four consecutive hours in any one week of seven days.

10. REMUNERATION

(i) The minimum remuneration, exclusive of any commission, shall be as set out in Table 1, of Part B, for the classification of Local Employee and Local Wholesale Merchandiser.

(ii) Employees shall be paid weekly or fortnightly at the employer's discretion or monthly by agreement between the employer and employee(s). Provided that in any case where at the date of operation of this award it was the practice in any establishment to pay monthly, such practice may be continued. Notwithstanding the foregoing, if the employer and the majority of employees agree, all employees may be paid their wages monthly.

If paid fortnightly, payment shall be made not later than the Friday in every second week. If paid monthly, payment shall be made not later than Friday in every fourth week and/or calendar month.

(iii) Probationary Travellers: An employer may employ a probationary local traveller subject to the following conditions:

(a) Where the Secretary of the Union approves, for a period of not more than three months: provided that, during the said period of three months, an employer shall not enter nor offer to enter into any agreement pursuant to clause 12, Part B, sub-clause (i) proviso (a) of this award.

(b) Where the Industrial Committee approves, for a period not exceeding twelve months in the aggregate (including the period specified in (a) hereof).

(c) No employer shall employ more than one probationary local or country traveller for each three local or country travellers in his/her department.

(d) The probationary local traveller shall be employed at a minimum weekly rate of remuneration of 90 per cent of the minimum weekly rate of remuneration for a local traveller, prescribed in sub-clause (i) of this clause, such rate to be calculated to the nearest multiple of 10 cents, less than 5 cents to go to the lower multiple, 5 cents or more to go to the higher multiple. The minimum remuneration for a local probationary traveller shall be paid to such traveller in accordance with the provisions of sub-clause (ii) of this clause.

(v) No commercial traveller, sales representative or traveller shall be remunerated solely by incentive payments, nor by any salary or retainer which is lower than the said amount of minimum remuneration for a local traveller or country traveller, as the case may be.

NOTATION: It is recommended that in circumstances where the remuneration rates prescribed by this clause are increased by order of the Industrial Relations Commission of New South Wales pursuant to section 52 of the Industrial Relations Act 1996, as a result of a decision of a Full Bench of the Australian Conciliation and Arbitration Commission to reflect movements in the Consumer Price Index as a result of wage indexation cases, that employers bound by this award apply the indexation increase to an employee's actual rate of pay as defined hereunder.

"Actual rate of pay" in respect of this award, is defined as the total amount an employee would normally receive for performing his/her ordinary duties: Provided that such rate shall expressly exclude special duties allowance, fares, commission or other incentive payment and any other ancillary payment of a like nature: Provided further that this definition shall not include production bonuses and other methods of payment by results.

(vi) At the employer's discretion, wages shall be paid by cash, cheque or electronic funds transfer into the employee's bank (or other recognised financial institution) account.

11. EXPENSES

(i) In addition to all payments made to the employee in accordance with his/her contract of employment, a local employee shall be reimbursed for and paid for all reasonable expenses actually incurred in the discharge of the employee's duties. Such expenses shall be paid weekly or fortnightly and where reasonably ascertainable shall be paid in advance.

(ii) Without limiting the generality of sub-clause (i), of this clause, the following shall be deemed to be reasonable expenses:

(a) Approved entertainment expenses.

(b) Vehicle parking fees actually incurred where the employee is required to bring his/her vehicle into an area where street parking is prohibited or restricted.

(d) Expenses for first-class accommodation, an evening meal, breakfast and midday meal, when the employee is required to remain away from his/her usual place of residence on any night; provided further that when a local employee is specifically directed to work after 6.00pm on any day, he/she shall be reimbursed the reasonable expense actually incurred in obtaining an evening meal.

(e) In the event that a local employee suffers injury or incapacity, necessitating the return of the employee and/or his/her own vehicle to his/her usual place of residence, the expenses actually incurred in the return of the employee and/or his/her own vehicle. Provided that the method of return of the vehicle shall first be approved by the employer.

(f) All fares reasonably incurred by an employee whilst engaged in or in connection with the employee's duties.

(g) The annual cost of an employee's private telephone rental where such telephone has been required by the employer, and all telephone calls made in connection with the employer's business.

(h) Such expenses as the employer and the employee agree, either by the terms of the contract of employment or otherwise, to be reasonable expenses or to be expenses for which the employee should be reimbursed or paid.

(iii) Any dispute concerning the payment of expenses or the amount thereof may be referred to the Industrial Committee.

12. LOCOMOTION

PART A

(i) All means of locomotion required by an employer shall be provided and shall be fully maintained by the employer, but where a local employee by arrangement with his/her employer provides a motor vehicle he/she shall, in addition to all payments made to him/her in accordance with his/her contract of employment, be paid the following minimum allowance:

(a) For motor vehicles up to and including 2,000 cc a standing charge allowance as set out in Item 1, Table 2, Part B, plus a weekly amount calculated at the rate also set out in Item 1, Table 2 per kilometre for the actual distance travelled by his/her vehicle each week in connection with his/her employment.

(b) For motor vehicles over 2,000 cc a standing charge allowance as set out in Item 2, Table 2 per week plus a weekly amount calculated at the rate also set out in Item 2, Table 2 per kilometre for the actual distance travelled by his/her motor vehicle each week in connection with his/her employment.

(ii) For the purpose of sub-clause (i), of this clause, distance travelled to and from the place where the vehicle customarily is housed shall be deemed to be actual kilometres travelled by the vehicle in connection with the employee's employment.

(iii) A local employee having, by arrangement with his/her employer, provided a vehicle for use in connection with his/her employment shall be given at least four weeks' written notice of his/her employer's intention to terminate or alter such arrangement or in lieu thereof shall be paid the appropriate standing charge allowance for a period of four weeks.

(iv) The standing charge car allowance prescribed in sub-clause (i) of this clause shall be paid during each week of the calendar year except in respect of periods-

(a) when the employee is absent from duty otherwise than in accordance with the provisions of this award and without the consent of the employer; or

(b) in excess of three consecutive weeks when the vehicle is unavailable due to accident or mechanical defect; or

(c) in excess of a total of three complete weeks in any one year when the employee is unable to work on account of personal illness or incapacity; provided that any period of less than one complete week shall not be taken into account for the purpose of this paragraph.

(v) When a local employee is being paid by more than one employer in accordance with clause 26, Engagement by More Than One Employer, of Par IV - General, of this award, the minimum allowance payable by each employer, under this clause, shall be in equal proportion but not less than one-fourth of the minimum allowance herein prescribed.

(vi) Where a local employee resides outside the Counties of Cumberland and Northumberland and the City of Greater Wollongong and the major and substantial portion of his/her work is performed outside these areas he/she shall be paid a car allowance as provided by clause 16, Locomotion, of Part II - Country Employees, of this award.

(vii) Where the employer terminates the employment of an employee, who has provided a motor vehicle for use in connection with his/her employment, by payment in lieu of notice, or in circumstances where the employer is required to pay salary in lieu of notice., the standing charge allowance applying to the vehicle provided by the employee shall also be paid for the same period for which salary is paid or is required to be paid in lieu of notice.

(viii) An employee, who -

(a) at the time of his/her application for employment neither owned nor was in the process of acquiring the ownership in a motor vehicle by hire-purchase or otherwise; and

(b) informed the employer of the fact prior to his/her engagement; and

(d) did provide such motor vehicle,

shall be guaranteed a minimum of thirteen weeks' employment and if the employer dismisses the employee, otherwise than for misconduct justifying summary dismissal, he/she shall pay the employee at the minimum rate of remuneration prescribed by clause 10, Remuneration, of this Part, for the unexpired portion of the period of thirteen weeks and also shall pay him/her the standing charge allowance prescribed by this clause in respect of such unexpired portion.

(ix) When an employee is directed to -

(a) provide a station wagon or similar vehicle not being a standard sedan car; or

(b) tow a trailer or caravan;

he/she shall be paid an amount as set out in Item 3, Table 2 per week for each week of use in addition to the appropriate allowance prescribed by sub-clause (i) of this clause.

(x) Provided that conditions approved by the said Union with respect to locomotion are observed and continue to be observed, the following companies are exempted in respect of their employees from the provisions of this clause:

Shell Chemicals (Aust.) Pty Ltd

Shell Company of Australia Limited

Mobil Oil Australia Limited

Caltex Oil (Australia) Pty Limited

Provided further that if the Union refuses its approval leave is reserved to each of the companies' abovementioned, and to the said Union, to apply as it may be advised with respect to this clause.

(ix) Provided that by agreement between the Union, the employer, and the Industrial Union of Employers, alternative locomotion arrangements not less favourable to the employee may be made in lieu of the provisions of this clause.

(xii) In the event of an employer nominating a Service Station for the purpose of providing petrol and other mechanical assistance for vehicles used by employees in the course of their employment, and the employer provides a card of electronic system whereby the said vehicle can be filled with petrol or mechanically maintained, then the employee shall implement the system in accordance with the employer's instructions.

(xiii) A local wholesale merchandiser when employed on a full-time basis who, by arrangement with his/her employer, provides a motor vehicle shall, in addition to all payments made in accordance with his/her contract of employment, be paid a minimum locomotion allowance equal to that required to be paid to a local employee in accordance with this clause.

(xiv) A wholesale part-time or casual merchandiser shall be paid for the use of his/her motor vehicle an amount as set out in Item 4, Table 2 per kilometre travelled in connection with his/her employment. (See Annexure to award Appendix 1).

(xv) Part-time local employees shall be reimbursed for all motor vehicle related expenses incurred in their private vehicles by way of a payment as set out in Item 5, Table 2 per kilometre travelled in the course of employment.

PART B

AIR-CONDITIONING IN MOTOR VEHICLES

(i) Where the employer commences to lease or renews a lease or first purchases a motor vehicle for use by an employee working under the terms of this award, such motor vehicle shall be fitted with and continue to be fitted with an air-conditioning unit in reasonable operating order. Provided that:

(a) This requirement shall not apply if the employer and the employee mutually agree in writing that an air-conditioning unit should not be provided in respect of a particular vehicle. A copy of any such agreement shall be provided both to the employer and the employee.

(b) This requirement shall not apply to an employer in respect of an employee using a motor vehicle where such employee works solely outside of the summer months of the year.

(c) This requirement shall not apply to an employer in respect of an employee using a motor vehicle in any sector of New South Wales in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer and the employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales.

STANDING CHARGE AIR-CONDITIONING ALLOWANCE

(ii) Where an employee by arrangement with his/her employer provides a motor vehicle and that vehicle is fitted with an air-conditioning unit, the employee shall be paid an allowance as set out in Item 6, Table 2 per week in addition to all payments made to him/her in accordance with his/her contract of employment. Provided that this requirement shall not apply to an employer in respect of an employee using a motor vehicle in any sector of New South Wales in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer and the employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales. The provisions of clause 13 and clause 17 relating to standing charge car allowance shall have equal application to the allowance provided by this sub-clause.

DRY CLEANING AND LAUNDRY ALLOWANCE

(iii) An employee working in a motor vehicle not fitted with an air-conditioning unit shall be paid a dry cleaning and laundry allowance as set out in Item 7, Table 2 per week, in addition to all payments made to him/her in accordance with his/her contract of employment: Provided that this requirement shall not apply to an employer in respect of an employee using a motor vehicle.

In any sector of New South Wales in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer and the employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales.

PART II - COUNTRY EMPLOYEES

13. DEFINITIONS

(i) Country Traveller shall mean a commercial traveller who is required by his/her employer to remain away from his/her usual place of residence for more than fifty-four consecutive hours in any one week of seven days.

(ii) Unless the context otherwise requires country traveller shall include country probationary traveller.

(iii) Territory, for the purpose of this award, shall be deemed to include the geographic boundaries or any lists of persons, or any combination thereof, from where or from whom the traveller is required by his/her employer to solicit or obtain orders.

(iv) Country Wholesale Merchandiser shall mean an Wholesale Merchandiser (as defined in clause 6), who is required by his/her employer to remain away from his/her usual place of residence for more than fifty-four consecutive hours in any one week of seven days.

14. REMUNERATION - COUNTRY TRAVELLER

(i) The minimum remuneration, exclusive of any commission, shall be as set out in Table 1, of Part B, for the classifications of Country Employee and Country Wholesale Merchandiser.

(ii) Employees shall be paid weekly or fortnightly at the employer's discretion or monthly or by agreement between the employer and employee(s). Provided that in any case where at the date of operation of this award it was the practice in any establishment to pay monthly, such practice may be continued. Notwithstanding the foregoing, if the employer and the majority of employees agree, all employees may be paid their wages monthly.

If paid fortnightly, payment shall be made not later than the Friday in every second week. If paid monthly, payment shall be made not later than Friday in every fourth week and/or calendar month.

(iii) Probationary Travellers: An employer may employ a probationary country traveller subject to the following conditions:

(a) Where the Secretary of the Union approves, for a period of not more than three months; provided that, during the said period of three months, an employer shall not enter nor offer to enter into any agreement pursuant to clause 16, Part B, subclause (i), proviso (a) of this award.

(b) Where the Industrial Committee approves, for a period not exceeding twelve months in the aggregate (including the period specified in (a) hereof).

(c) No employer shall employ more than one probationary local or country traveller for each three local or country travellers in his/her employment.

(d) The probationary country traveller shall be employed at a minimum weekly rate of remuneration of 90 per cent of the minimum weekly rate of remuneration for a country traveller, prescribed in sub-clause (i) of this clause, such rate to be calculated to the nearest multiple of 10 cents, less than 5 cents to go to the lower multiple, 5 cents or more to go to the higher multiple. The minimum remuneration for a country probationary travellers shall be paid to such traveller in accordance with the provisions of sub-clause (ii) of this clause.

NOTATION: It is recommended that in circumstances where the remuneration rates prescribed by this clause are increased by order of the Industrial Relations Commission of New south Wales pursuant to section 52 of the Industrial Relations Act 1996, as a result of a decision of a Full Bench of the Australian Conciliation and Arbitration Commission to reflect movements in the Consumer Price Index as a result of wage indexation cases, that employers bound by this award apply the indexation increase to an employee's actual rate of pay as defined hereunder.

"Actual Rate of Pay" in respect of this award, is defined as the total amount an employee would normally receive for performing his ordinary duties: Provided that such rate shall expressly exclude special duties allowance, fares, commission or other incentive payment and any other ancillary payment of a like nature: Provided further that this definition shall not include production bonuses and other methods of payment by results.

(vi) At the employer's discretion, wages shall be paid by cash, cheque or electronic funds transfer into the employee's bank (or other recognised financial institution) account.

15. EXPENSES

(i) In addition to all payments made to the employee in accordance with his/her contract of employment, a country employee shall be reimbursed for and paid for all reasonable expenses actually incurred in the discharge of the employee's duties. Such expenses shall be paid weekly or fortnightly and where reasonably ascertainable shall be paid in advance.

(ii) Without limiting the generality of sub-clause (i), of this clause, the following shall be deemed to be reasonable expenses:

(a) Approved entertainment expenses.

(b) Vehicle parking fees actually incurred where the employee is required to bring his/her vehicle into an area where street parking is prohibited or restricted.

(d) Expenses for first-class accommodation when the employee is required to remain away from his/her usual place of residence on any night and for breakfast, a midday meal, morning or afternoon tea, and an evening meal when the employee is, and is required to be, away from his/her usual place of residence at his/her usual time for taking such meal in pursuance of the performance of his/her duties.

(e) In the event that a country employee suffers injury or incapacity necessitating the return of the employee and/or his/her own vehicle to his/her usual place of residence, the expenses actually incurred in the return of the employee and/or his/her own vehicle: Provided that the method of return of the vehicle shall be first approved by the employer.

(f) Where air or rail travel is necessarily involved, the expenses for air tickets or for first-class rail tickets and for sleeping accommodation where available.

(g) Expenses actually and reasonably incurred in towing or in garaging charges for motor vehicles whilst engaged in or in connection with the employee's duties.

(h) Reasonable laundry expenses incurred by employees after they have been away from their place of residence for more than one weekend in the course of their employment.

(i) All fares reasonably incurred by an employee whilst engaged in or in connection with the employee's duties.

(j) The annual cost of an employee's private telephone rental where such telephone has been required by the employer, and all telephone calls made in connection with the employer's business.

(k) Such expenses as the employer and employee agree, either by the terms of the contract of employment or otherwise, to be reasonable expenses or to be expenses for which the employee should be reimbursed or paid.

(iii) Country Resident Employees - An employee required by his/her employer to reside in an area other than in the one in which he/she was residing when he/she commenced his/her employment, or to move his/her residence from one area to another, shall be reimbursed the reasonable cost of the removal of his/her furniture and personal effects and the cost of transport for himself/herself and members of his/her immediate dependent family to the new area of residence. If within two years of such appointment, or in the case of an employee who moved to the area consequent upon engagement, the employment is terminated other than by the employee, and the employee returns to his/her original area of residence within ninety days of such termination, the employer shall reimburse the employee the reasonable cost of removal of furniture and personal effects and the cost of transport for himself/herself and members of his/her immediate dependent family.

(iv) Any dispute concerning the payment of expenses and the amount thereof any be referred to the Industrial Committee.

16. LOCOMOTION

PART A

(i) All means of locomotion required by an employee shall be provided and shall be fully maintained and insured by the employer, but where a country employee by arrangement with his/her employer provides a motor vehicle he/she shall, in addition to all payment made to him/her in accordance with his/her contract of employment, be paid the following minimum allowance:

(a) For motor vehicles up to and including 2,000 cc a standing charge allowance as set out in Item 8, Table 2 per week plus a weekly amount calculated at the rate also set out in Item 8, Table 2 per kilometre for the actual distance travelled by his/her vehicle each week in connection with his/her employment.

(b) For motor vehicles over 2,000 cc a standing charge allowance as set out in Item 9, Table 2 per week plus a weekly amount calculated at the rate also set out in Item 9, Table 2 per kilometre for the actual distance travelled by his/her motor vehicle each week in connection with his/her employment.

(ii) The locomotion allowance prescribed by subclause (i) of this clause, shall be paid to local employees, as defined in clause 9, Definitions, of Part I - Local Employees, of this award, when such employees are employed in country areas, that is outside the Counties of Cumberland and Northumberland and the City of Greater Wollongong.

(iii) For the purpose of sub-clause (i) of this clause, distance travelled to and from the place where the vehicle customarily is housed shall be deemed to be actual kilometres travelled by the vehicle in connection with the employee's employment.

(iv) A country employee having, by arrangement with his/her employer, provided a vehicle for use in connection with his/her employment shall be given at least four weeks' notice in writing of his/her employer's intention to terminate or alter such arrangement or in lieu thereof shall be paid the appropriate standing charge allowance for a period of four weeks.

(v) The standing charge car allowance prescribed in sub-clause (i) of this clause shall be paid during each week of the calendar year except in respect of periods -

(a) when the employee is absent from duty otherwise than in accordance with the provisions of this award and without the consent of the employer; or

(b) in excess of three consecutive weeks when the vehicle is unavailable due to accident or mechanical defect; or

(vi) When a country employee is being paid by more than one employer in accordance with clause 26, Engagement by More Than One Employer, of Part IV, General, of this award, the minimum allowance payable by each employer under this clause shall be in equal proportion but not less than one-fourth of the minimum allowance herein prescribed.

(vii) Where the employer terminates the employment of an employee who has provided a motor vehicle for use in connection with his/her employment, by payment in lieu of notice or in circumstances where the employer is required to pay salary in lieu of notice, the standing charge allowance applying to the motor vehicle provided by the employee shall also be paid for the same period for which salary is paid or is required to be paid in lieu of notice.

(viii) An employee who -

(a) at the time of his/her application for employment neither owned nor was in the process of acquiring the ownership in a motor vehicle by hire-purchase or otherwise; and

(b) informed the employer of that fact prior to his/her engagement; and

(d) did provide such motor vehicle;

shall be guaranteed a minimum of thirteen weeks' employment and if the employer dismisses him/her, otherwise than for misconduct justifying summary dismissal, he/she shall pay the employee at the minimum rate of remuneration prescribed by clause 14, Remuneration - Country Traveller, of this Part, for the unexpired portion of the period of thirteen weeks and also shall pay him/her the standing charge allowance prescribed by this clause in respect of such unexpired portion.

(ix) When an employee is directed to -

(a) provide a station wagon or similar vehicle not being a standard sedan car; or

(b) tow a trailer or caravan;

he/she shall be paid an amount as set out in Item 10, Table 2 per week for each week of use in addition to that prescribed by sub-clause (i) of this clause.

Shell Chemicals (Aust.) Pty Ltd

Shell Company of Australia Limited

Mobil Oil Australia Limited

Caltex Oil (Aust.) Pty Limited

Provided further that if the Union refuses its approval leave is reserved to each of the companies' abovementioned, and to the said Union, to apply as it may be advised with respect to this clause.

(xi) Provided that, by agreement between the Union, the employer, and the Industrial Union of Employers, alternative locomotion arrangements not less favourable to the employee may be made in lieu of the provisions of this clause.

(xii) In the event of an employer nominating a Service Station for the purpose of providing petrol and other mechanical assistance for vehicles used by employees in the course of their employment, and the employer provides a card or electronic system whereby the vehicle can be filled with petrol or mechanically maintained, then the employee shall implement the said system in accordance with the employer's instructions.

(xiii) A country wholesale merchandiser when employed on a full-time basis who, by arrangement with his/her employer, provides a motor vehicle shall, in addition to all payments made in accordance with his/her contract of employment, be paid a minimum locomotion allowance equal to that required to be paid to a local traveller in accordance with this clause.

(xiv) A wholesale part-time or casual merchandiser shall be paid for the use of his/her motor vehicle an amount as set out in Item 11, Table 2 per kilometre travelled in connection with his/her employment. (See Annexure to award Appendix 1.)

(xv) Part-time country employees shall be reimbursed for all motor vehicle related expenses incurred in their private vehicles by way of a payment as set out in Item 12, Table 2 per kilometre travelled.

PART B

AIR-CONDITIONING IN MOTOR VEHICLES

(b) This requirement shall not apply to an employer in respect of an employee using a motor vehicle where such employee works solely outside of the summer months of the year.

STANDING CHARGE AIR-CONDITIONING ALLOWANCE

(ii) Where an employee by arrangement with his/her employer provides a motor vehicle and that vehicle is fitted with an air-conditioning unit, the employee shall be paid an allowance as set out in Item 13, Table 2 per week in addition to all payments made to him/her in accordance with his/her contract of employment. Provided that this requirement shall not apply to an employer in respect of an employee using a motor vehicle in any sector of New South Wales in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer and the employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales. The provisions of clause 12 and clause 16 relating to standing charge car allowance shall have equal application to the allowance provided by this sub-clause.

DRY CLEANING AND LAUNDRY ALLOWANCE

(iii) An employee working in a motor vehicle not fitted with an air-conditioning unit shall be paid a dry cleaning and laundry allowance as set out in Item 14, Table 2 per week, in addition to all payments made to him/her in accordance with his/her contract of employment. Provided that his/her requirement shall not apply to an employer in respect of an employee using a motor vehicle in any sector of New South Wales in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer and employee to be inappropriate. Where there is not mutual agreement, exemption may be sought from the Commercial Travellers (State) Industrial Committee or the Industrial Relations Commission of New South Wales.

PART III - COMMISSION

17. PROVISIONS APPLICABLE IN ABSENCE OF WRITTEN AGREEMENT

Unless the employer and the employee otherwise agree in writing, the following provisions shall apply -

(i) commission shall be calculated on a monthly basis; and

(ii) 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 -

(a) orders obtained by an employee in excess of the quota of goods allotted to him/her for sale by his/her employer; and

(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; and

(iii) commission earned by the employee shall be paid to him/her by the employer no later than 14 days after the last day of the calendar month during which the commission was earned.

18. PROVISIONS APPLICABLE NOTWITHSTANDING WRITTEN AGREEMENT

Notwithstanding any written agreement to the contrary, the following provisions shall apply to all commercial travellers covered by this Part (excepting travellers covered by clause 17, Provisions Applicable in Absence of Written Agreement, of this Part) -

(i) commission shall be deemed to have been earned by the employee no later than the date of execution of the order; and

(ii) commission earned by the employee shall be paid to him/her no later than 21 days after the last day of the calendar month during which the order was executed.

19. SPECIAL PROVISIONS FOR NEON SIGNS

For the purpose of computing commission payable where the business is in the sale and/or hiring of neon signs and other fluorescent signs, the following shall apply in lieu of clauses 17, Provisions

Applicable in Absence of Written Agreement, and 18, Provisions Applicable Notwithstanding Written Agreement, of this Part of the sign shall be regarded as having been sold and/or hired and commission earned and payable -

(i) as to not less than 50 per cent of such commission within seven days of all necessary authorities being obtained and accepted by the employer of the contract with the customer;

(ii) as to the balance, within 14 days from the date of installation by the employer in accordance with the customer's contract.

20. GENERAL PROVISIONS

(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

(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.

PART IV - GENERAL

21. ANNUAL LEAVE

(i) For annual leave for local employees and local probationary employees see Annual Holidays Act 1944.

(ii) (a) A country employee and a probationary country employee to whom Part II - Country Employees, of

this award applies shall be allowed a period of five weeks' annual leave after twelve months' service, less the period of such leave, with an employer or employers and otherwise shall be subject to the provisions contained in this sub-clause.

(b) Such leave may be taken in one, two or three periods as may be mutually arranged between the employer and employee.

(c) Where an award holiday falls within the period of such annual leave employees shall receive an additional day's leave for each such holiday.

(d) Each employee before going on leave shall be paid his/her ordinary pay; provided that such payment shall not, in any case, be at a rate lower than that prescribed in clause 14, Remuneration - Country Traveller, of Part II - Country Employees, of this award. In this paragraph ordinary pay shall have the same meaning as it has in the Annual Holidays Act 1944.

(e) The period of leave shall, in every case, be deemed to commence at the time the employee returns to his/her usual district or residence.

(f) Where employment is terminated in accordance with the provisions of clause 43, Termination of Employment, of this Part, before the full qualifying period has been served an employee shall be paid a pro rata payment at the rate of two and one half days' wages, calculated in accordance with paragraph (d) of this sub-clause, for each completed month of service, provided that in no case shall payment for pro rata annual leave, pursuant to this sub-clause, exceed five weeks' pay.

(iii) Where an employee is employed as a local and also a country employee he/she shall receive holiday entitlement on a pro rata basis.

22. ANNUAL HOLIDAYS LOADING

(i) In this clause the Annual Holidays Act 1944, is referred to as "the Act".

(ii) Before an employee is given and takes his/her annual holiday, or when by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay his/her employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see sub-clause (vii)).

(iii) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act and this award.

(iv) The loading is to be calculated in relation to any period of annual holiday to which an employee becomes or has become entitled where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See sub-clause (vii) as to the holidays taken wholly or partly in advance).

(v) The loading is an amount payable for the period or the separate period, as the case may be, stated in sub-clause (v) at the rate per week of 17½ per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing his/her annual holiday.

(vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance, provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with sub-clause (vi) of this clause applying the award rates of wages payable on that day. This sub-clause applies where an annual holiday has been taken wholly or partly in advance and the entitlement to the holiday arises after that date.

(vii) Where in accordance with the Act and an employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

(a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with sub-clause (vi) of this clause.

(b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.

(viii) (a) When the employment of an employee is terminated by his/her employer for a cause other than

misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with sub-clause (v) for the period not taken.

(b) Except as provided by paragraph (a) of this sub-clause no loading is payable on the termination of an employee's employment.

23. SICK LEAVE

Each employee who has completed three months continuous service and who is absent from work on account of personal illness or injury shall be entitled to leave of absence with pay subject to the following conditions and limitations:

(i) An employee shall, within twenty-four hours of the commencement of such absence, inform the employer of his/her inability to attend for duty and as far as practicable state the nature of the illness or injury and the estimated duration of absence.

(ii) An employee shall not be entitled to single days of paid sick leave on more than two occasions in any one year of service unless he/she produces to the employer a certificate from a qualified medical practitioner to the effect that he/she is unfit for duty on account of personal illness or injury by accident. Nothing in this paragraph shall limit the employer's rights to have the employee prove, to the employer's satisfaction, that he/she was unable on account of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

(iii) Subject to sub-clause (iv) of this clause an employee shall not be entitled in respect of the first year of service to sick pay for more than five days or for more than eight days for each year of service in the second and subsequent years of service.

(iv) Sick leave shall accumulate from year to year so that any balance of the period specified in sub-clause (iii) of this clause which has, in any one year, not been allowed to an employee by the employer as paid sick leave may be claimed by the employee and subject to the conditions herein prescribed shall be allowed by the employer in any subsequent year without diminution of the sick leave prescribed in respect of that year.

(v) Service before the date of commencement of this award shall be counted for the purpose of assessing the annual sick leave entitlement but shall not be taken into consideration in arriving at the period of accumulated leave. Accumulated leave at the credit of the employee at the commencement of this award will not be increased or reduced by the operation of this clause.

(vi) Where an employee is absent from employment on the working day or part of the working day immediately preceding or immediately after -

(a) a holiday, as defined in clause 31, Holidays; or

(b) before or after a period of annual leave during which a holiday or holidays occur as defined;

without reasonable excuse, the employer's consent, or such other evidence as the employer may require, the employee shall not be entitled to payment for such holiday or holidays.

24. PERSONAL/CARER'S LEAVE

1. USE OF SICK LEAVE:

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee's care and support, shall be entitled to use, in accordance with this sub-clause, any current or accrued sick leave entitlement, provided for in clause 23, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

(b) The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take Carer’s leave under this sub-clause where another person has taken leave to care for the same person.

(i) the employee being responsible for the care of the person concerned; and

(ii) the person concerned being:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married too that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

2. UNPAID LEAVE FOR FAMILY PURPOSE:

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (ii) of paragraph (c) of sub-clause (1) who is ill.

3. ANNUAL LEAVE:

(a) An employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this sub-clause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

4. TIME OFF IN LIEU OF PAYMENT FOR OVERTIME:

(a) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

(b) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(c) If, having elected to take time as leave in accordance with paragraph (a) of this sub-clause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(d) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

5. MAKE-UP TIME:

(a) An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

6. ROSTERED DAYS OFF:

(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.

(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This sub-clause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

25. LONG SERVICE LEAVE

See Long Service Leave Act 1955.

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.

27. PART-TIME WHOLESALE MERCHANDISERS

(i) Part-time Wholesale Merchandisers must work with a minimum average of twelve hours per week and not more than a maximum average of thirty hours per week, calculated over a four-week period. Each engagement shall be for a minimum of three hours. The hours of work shall be between 7.00am and 6.30pm, Monday to Friday, inclusive.

(ii) Part-time employees shall be paid at an hourly rate equal to the appropriate weekly rate divided by thirty-eight.

28. CASUAL WHOLESALE MERCHANDISERS

(i) A Casual Wholesale Merchandiser means a merchandiser engaged and paid as such. Casual wholesale merchandisers shall be engaged for a minimum of three hours. The hours of work shall be between 7.00am and 6.30p0m, Monday to Friday, inclusive.

(ii) A casual wholesale merchandiser shall be paid at an hourly rate equal to the appropriate weekly rate divided by thirty-eight, plus casual loading of twenty per cent.

29. WHOLESALE MERCHANDISER EMPLOYMENT

(i) On the engagement of a Wholesale Merchandiser an employer shall forward to the Secretary of the Union a letter of advice in the same terms and containing the same information as is detailed in the pro-forma letter set out in Appendix 1 to this award.

(ii) In the event of more than three months elapsing between the employer's last engagement of a Wholesale Merchandiser and the next engagement of the Wholesale Merchandiser, the employer shall upon the next engagement forward to the Secretary of the Union a letter of advice in the same form and containing the same information as is detailed in the pro-forma letter set out in Appendix 1 to this award.

30. PART-TIME TRAVELLERS

(i) Part-time travellers shall work a minimum average of twelve hours per week and not more than a maximum average of thirty hours per week, calculated over a four-week period. Each engagement shall be for a minimum of three hours.

(ii) Part-time employees shall be paid at an hourly rate equal to the appropriate weekly rate divided by thirty-eight.

(iii) No employer shall employ more than one part-time traveller for each three travellers. Provided that an employer and/or an establishment not employing any travellers or not more than two travellers, may employ one part-time traveller.

Any exemption from the abovementioned ratio is subject to the agreement of the Secretary of the Union or his/her representative. The Union shall not unreasonably withhold consent having regard to the particular circumstances of the employer involved and shall be processed without undue delay.

31. HOLIDAYS

(i) An employee shall be entitled without loss of pay to the following holidays: New Year's Day, Australia Day, Anzac Day, Good Friday, Easter Saturday, Easter Monday, Queen's Birthday, Labour Day, Christmas Day and Boxing Day and any other holidays which may from time to time be proclaimed for the State in addition to or in lieu of such day or days.

(ii) In addition to the holidays prescribed in sub-clause (i) hereof employees shall be entitled to an additional holiday, being the first Monday in August of each year, as an additional holiday without loss of pay. By agreement between an employer and the employees one other day may be substituted for the additional holiday prescribed herein.

(iii) Any dispute concerning the day on which an additional holiday is to be taken by an employee may be referred to the Industrial Committee.

(iv) All work done by an employee in soliciting orders at the request of the employer on any of the holidays referred to in sub-clauses (i) and (ii) of this clause shall be paid for at the rate of double time and one half with a minimum payment as for three hours worked; provided that in lieu of such payment two and one half days' leave with pay may be granted in respect of each such holiday at a time to be mutually arranged between the employer and the employee.

(v) All travelling in connection with work by an employee at the request of the employer on any of the holidays referred to in sub-clauses (i) and (ii) of this clause shall be paid for at the rate of time and one half with a minimum payment as for three hours' travelling; provided that in lieu of such payment one and a half days' leave with pay may be granted in respect of each such holiday at a time to be mutually arranged between the employer and the employee.

(vi) This clause is subject to sub-clause (vi) of clause 23, Sick Leave.

32. HOURS AND SPECIAL DUTIES

(i) The ordinary hours of work shall be 38 per week.

The working week shall be worked, at the election of the employer, in one of the following forms:

(a) a 19-day monthly cycle; or

(b) a 10-day fortnightly cycle with a half day off on one day of the fortnight;

(d) implement 38 hours for employees following the method adopted for the general body of employees in the employer's establishment.

(ii) An employee who is specifically directed by his/her employer to work after 6.30pm Monday to Friday, inclusive, shall be paid for each hour worked at the rate of four per cent of the minimum remuneration prescribed for his/her classification in clause 10, Remuneration, of Part I - Local Employees, with a minimum payment of two hours.

(iii) (a) An employee who is specifically directed by his/her employer to work on a Saturday or Sunday shall

be paid each hour worked the undermentioned percentages of the minimum remuneration prescribed in clause 10, for a local employee with a minimum payment of two hours:

(1) Saturdays - 4 per cent.

(2) Sundays - 5 per cent.

(b) Provided that where an employee is required to attend sales conferences on weekends the first two such conferences attended in any year shall, in lieu of the payments specified in paragraph (a) of this sub-clause, be paid at the rate of two and one half per cent of the minimum remuneration prescribed by clause 10, for a local employee with a minimum payment of two hours.

(iv) Where an employee as a result of his/her employer's directions necessarily spends time on a Saturday returning to his/her usual place of residence, or is directed by his/her employer to travel on a Sunday to his/her territory from his/her usual place of residence, he/she shall be paid for all such reasonable time spent travelling at the rate of two and one half per cent of the minimum remuneration prescribed in clause 10, for a local employee.

(vi) The hourly rates of pay prescribed in sub-clauses (ii), (iii) and (iv) of this clause shall be calculated in multiples of 10 cents, amounts of less than 5 cents to be taken to the lower multiple, and amounts of 5 cents or more to be taken to the higher multiple.

33. ROSTERED DAYS

(i) Rostering -

(a) Where the employer and employee agree, rostered days off may accumulate to a maximum of five days which shall be taken in one continuous period and shall be scheduled to suit the needs of the employer's business. The dates for taking such accumulated days off shall be notified to an employee at least three weeks in advance of the days to be taken.

(b) Except as provided by paragraph (c) of this sub-clause, an employee shall be advised by the employer at least three weeks in advance of the weekday which is to be the day rostered off duty.

(c) Where the employer and employee agree, the employer may substitute the day an employee is to be rostered off duty for another day in the case of an emergency or to meet the requirements of a particular establishment.

(d) An individual employee, with the agreement of the employer, may substitute the day such employee is rostered off duty for another day.

Provided that the implementation of paragraphs (a) and (b) of this sub-clause may be waived for one month of the operation of this award to allow for the implementation of rosters and rostered days off duty as provided by this clause.

(ii) Public Holidays - In the event of an employee's rostered day off falling on a public holiday, the employee and the employer shall agree to an alternative day off as a substitute. Provided that in the absence of agreement the substituted day shall be determined by the employer.

(iii) Work on Rostered Day - Subject to the rostering clause, any employee required to work on their rostered day off shall be paid in accordance with sub-clause (ii) of clause 32, Hours and Special Duties, only where it is not possible to substitute another day for the rostered day off so worked, or not banked in accordance with sub-clause (i) of this clause.

(iv) Sick Leave and Rostered Day - Employees are not eligible for sick leave in respect of absences on rostered days off as such absences are outside their ordinary hours of duty.

(v) Annual Leave and Rostered Day - There is not entitlement to a rostered day off during a period of annual leave as such days do not count as time worked for accrual purposes.

34. SUBSTITUTE COMMERCIAL TRAVELLERS AND SPECIAL SALESPERSONS

(i) In the case of absence from duty of a regular commercial travellers for a period exceeding three weeks his/her employer may employ a substitute traveller. If such substitute travellers is retained in the employment for a period exceeding three weeks he/she shall be subject to the provisions of this award.

(ii) An employer who employs not less than three permanent travellers may send out departmental salespersons for special trips in the territory covered by a permanent traveller in the proportion of one departmental salesperson to one permanent traveller: Provided that the same departmental salesperson shall not be engaged nor occupied on such trips for more than four months in each of three consecutive years; provided further that all sales made by him/her shall be credited to the permanent traveller.

(iii) The proportion of substitute travellers to regular travellers may be altered or may be varied with the consent of the Industrial Committee.

35. SAMPLES AND STOCK

An employee required by his/her employer to carry samples and/or stock shall exercise all reasonable care to protect them from damage, loss or theft. An employee shall not be financially liable to his/her employer for such samples and/or stock if he/she can show that he/she has not been negligent in protecting such samples and/or stock from damage, loss or theft or that he/she has not fraudulently appropriated them to his/she own use or that he/she has not otherwise dealt with them unlawfully.

36. MEALS

An employer shall allow an employee reasonable time to have regular and normal meals during the course of his/her employment.

37. PROTECTIVE CLOTHING

When the nature of the work performed by employees necessitates suitable protective clothing, including waterproof clothing, clothing and/or aprons, rubber boots or clogs, work boots, hard hats, gloves, goggles, etc., they shall be supplied and paid for by the employer and shall remain the property of the employer.

38. RECORDS OF EMPLOYMENT

(i) Time-sheets and pay-sheets to be kept by employers - see Industrial Relations Act 1996.

(ii) Particulars to be furnished by an employer to an employee on the payment of any wages - see Industrial Relations Act 1996.

(iii) The Secretary of the Union may, for the purpose of investigating any suspected breach of this award, require an employer engaged in the industry to produce for his/her inspection during the usual office hours, at the employer's office or other convenient place, the time-sheets and pay-sheets referred to in sub-clause (i) of this clause, and the employer shall produce such time sheets and pay-sheets on request by the said Secretary. The said Secretary may make copies of the entries in such time sheets or pay-sheets relating to any such suspected breach.

39. PARTICULARS OF WAGES AND DEDUCTIONS THEREFROM TO BE GIVEN ON PAY ENVELOPE OR IN STATEMENTS

On the payment by an employer of any wages to an employee covered by this award such employer shall indicate, either by noting on the pay envelope of the employee or by way of a statement in writing handed to the employee at the time of paying his/her wages, how the payment is made up by including in such noting or statement, such particulars as may be prescribed as regards the date of payment, the period covered thereby, the rate of wages, the rate of commission, the hours worked, and allowances paid in accordance with clause 32, Hours and Special Duties, of this award, and details of any deductions and other prescribed matters.

40. NOTICE BOARD AND POSTING AWARD

(i) An employer shall, on request by the Secretary of the Union, allow the said Secretary, or other accredited representative of the Union, to post Union notices at a reasonable place in the employer's premises.

41. TERMINATION OF EMPLOYMENT

(i) Employment, other than as a casual wholesale merchandiser, shall be on a weekly basis and, subject to this award, shall continue from week to week until brought to an end in accordance with this award.

(ii) Employment of weekly employees including part-time wholesale merchandisers may be brought to an end by either party giving one week's notice, on any day, of intention to terminate the employment or by the payment or forfeiture of one week's remuneration, as the case may be, in lieu thereof; provided that an employer may dismiss an employee without notice for misconduct and in such case remuneration shall be paid up to the time of dismissal only.

(iii) Provided that the employer and employee may make alternative arrangements which shall be not less favourable to the employee in whole or in part than the provisions of this clause.

(iv) On termination of the employment all moneys payable to the employee shall, subject to this award, be paid to the employee on the day of such termination or forwarded to the employee by prepaid registered mail on the next working day.

42. REDUNDANCY

(i) Application:

(a) This clause shall apply in respect of full-time and part-time employees.

(b) This clause shall only apply to employers who employ 15 or more employees immediately prior to the termination of employment of employees.

(c) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(d) Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

(ii) Introduction of Change:

(a) Employer's Duty to Notify:

(1) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

(2) Significant effects' include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

(b) Employer's Duty to Discuss Change:

(1) The employer shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

(2) The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in Paragraph (a) of this sub-clause.

(3) For the purpose of such discussion, the employer shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(iii) Redundancy:

(a) Discussions Before Terminations.

(1) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone pursuant to sub-paragraph (1) of paragraph (a) of sub-clause (ii) above, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong.

(2) The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subparagraph of this sub-clause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

(3) For the purposes of the discussion, the employer shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

(iv) Termination of Employment:

(a) Notice for Changes in Production, Programme, Organisation or Structure.

This sub-clause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with sub-clause (ii)(a)(1) above.

(1) In order to terminate the employment of an employee the employer shall give to the employee the following notice:

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

(2) In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week's notice.

(3) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(b) Notice for Technological Change.

This sub-clause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with sub-clause (ii)(a)(1) above:

(1) In order to terminate the employment of an employee the employer shall give to the employee 3 months notice of termination.

(2) Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

(3) The period of notice required by this sub-clause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act, 1955, the Annual Holidays Act, 1944, or any Act amending or replacing either of these Acts.

(1) During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

(2) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

(d) Employee Leaving During the Notice Period.

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

(e) Statement of Employment.

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

(f) Notice to Appropriate Commonwealth Agency.

Where a decision has been made to terminate employees, the employer shall notify the Appropriate Commonwealth Agency thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(g) Centrelink Employment Separation Certificate.

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by Centrelink.

(h) Transfer to Lower Paid Duties.

Where an employee is transferred to lower paid duties for reasons set out in Paragraph (a) of sub-clause (ii) above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

(v) Severance Pay.

(a) Where an employee is to be terminated pursuant to sub-clause (iv) above, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

(1) If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(2) Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

Years of Service	45 Years of Age and over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(3) `Weeks Pay' means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

(b) Incapacity to Pay.

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in Paragraph (a) above.

The Industrial Relations Commission shall have regard to such financial and other resources of the employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in sub-clause (i) above will have on the employer.

(vi) Savings Clause

Nothing in this award shall be construed so as to require the reduction or alteration of more advantageous benefits or conditions which an employee may be entitled to under any existing redundancy arrangement, taken as a whole, between the union and any employer bound by this award.

43. CERTIFICATE OF SERVICE

An employee who has been employed for not less than one month, on being discharged, shall upon request be entitled to a statement in writing containing the date when the employment began and the date of its cessation.

44. DISPUTES PROCEDURE

It is the intention of the parties to this award to eliminate disputes, which result in stoppages, bans or limitations, and it is agreed that the parties to this award shall confer in good faith with a view to resolving the matter by direct negotiation and consultation.

The parties further agree that subject to the provisions of the Industrial Relations Act, 1996, all grievances, claims or disputes shall be dealt with in the following manner so as to ensure the orderly settlement of the matters in question:

(i) Any grievance or dispute, which arises, shall, where possible, be settled by discussion on the job between the employee and his/her immediate supervisor.

(ii) If the matter is not resolved at this level, the matter will be further discussed between the affected employee, the union delegate and the supervisor or manager of the relevant site, and the employer's industrial representative to be notified.

(iii) If no agreement is reached the union organiser and union delegate will discuss the matter with the Company's nominated industrial relations representative.

(iv) Whilst the foregoing procedure is being followed work shall continue normally. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub-clause.

(v) Should the matter still not be resolved it may be referred by the parties to the Industrial Committee or the Industrial Relations Commission of NSW for settlement.

45. BEREAVEMENT LEAVE

(a) An employee, other than a casual employee, shall be entitled to up to two days’ compassionate leave, up to and including the day of the funeral, without deduction of pay on each occasion of the death of a person as prescribed in subclause (c) of this clause.

Provided further, an employee, other than a casual employee, shall be entitled to up to two days’ compassionate leave without loss of pay on each occasion of the death of a person outside Australia as prescribed by the said subclause (c) provided that the employee provides evidence of such death and provides proof of travel outside Australia where such employee travels outside Australia to attend the funeral.

(b) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

(c) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 24, State Personal/Carer’s Leave Case - August 1996, provided that for the purpose of compassionate leave, the employer need not have been responsible for the care of the person concerned.

(d) An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

(e) Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the clause 24. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

46. JURY SERVICE

(i) An employee shall be allowed leave of absence during any period when required to attend for jury service provided that such leave shall be limited to a maximum of two weeks in any one period of jury service.

(ii) During such leave of absence an employee shall be paid the difference between the jury service fees received and the employee's normal rate of pay as if working.

(iii) An employee shall be required to produce proof of jury service, fees received and proof of requirement to attend and shall give the employer notice of such requirement as soon as practicable after notification to attend for jury service.

47. REPATRIATION LEAVE

Upon the production of evidence satisfactory to the employer, an employee who is entitled to supervision by the Commonwealth Repatriation Department shall be entitled to be paid the employee's award rate of pay: Provided the employer shall be obliged to make such payments on not more than four occasions in any year and payment is not to exceed four hours' pay on each occasion.

48. LEAVE RESERVED

(i) Leave is reserved to any party to apply as they may be advised in relation to Locomotion - Local Employees and Country Employees.

(ii) Leave is reserved to any party to apply as they may be advised in relation to definitions of Country Employees.

(iii) Leave is reserved to the Union to apply as it may be advised in relation to sick leave.

(iv) Leave is reserved to the parties as they may be advised in relation to Superannuation.

(v) Leave is reserved to the Union to apply as it may be advised in relation to locomotion rates for part-time and asual Wholesale Merchandisers.

(vi) Leave is reserved to the employers to apply with respect to any industrial matter with respect to clause 4, Enterprise Agreements.

(vii) Leave is reserved to the employers to apply with respect to the insertion of provisions for commercial travellers to be employed on a casual basis.

49. SUPERANNUATION

(1) DEFINITIONS:

(a) "Eligible Employee" means an employee employed who has completed 152 ordinary hours service with the employer.

(b) "Employer" means an employer of an eligible employee.

(d) "Approved Fund" means a superannuation scheme approved in accordance with the Commonwealth Operational Standards for Occupational Superannuation Funds.

(e) "Ordinary Earnings" means the employee's award rate of pay including any overaward and/or shift loadings.

(2) CONTRIBUTIONS:

(a) The employer shall make a superannuation contribution to L.U.C.R.F. or an approved fund (as determined by sub-clauses (5) and (7) of this clause) of an amount equal to 3 per cent of ordinary earnings on behalf of each eligible employee. Payments shall be made in accordance with the fund.

(b) The employer shall not be required to make contributions for any period in which an eligible employee is absent on unpaid leave.

(c) Eligible employees may make contributions in addition to those paid by the employer and may authorise the employer to pay such contributions into the fund directly from the employee's wage.

(d) Eligible employees in addition to contributions under paragraph (a) of this sub-clause shall be entitled to a once only contribution by an employer to either L.U.C.R.F. or an approved fund in respect of the qualifying period. Such contribution shall be equivalent to contributions under the said paragraph (a) of this sub-clause.

(e) The obligation of the employer to contribute to the fund in respect of an eligible employee shall cease on the last day of such employee's employment with the employer.

(3) FAILURE OF AN EMPLOYER TO PARTICIPATE IN A FUND - Where an employer has failed to make application to participate in a fund, the employer shall make such application and, upon acceptance by the Trustee, shall make an initial contribution to the fund, in respect of each eligible employee, equivalent to the contributions which would have been payable in accordance with sub-clause (2) above, had the employer made application to participate in the fund and been accepted by the Trustee prior to the implementation of this award. The eligible employee shall not be entitled to:

(a) interest on contributions; and/or

(b) death and disability cover,

until such time as the employer becomes a member of such fund, that is the date of acceptance by the Trustees.

(4) REFUSAL OF EMPLOYEE TO PARTICIPATE IN A FUND - An employer shall not be liable to contribute on behalf of any eligible employee who refuses to sign any application form as required by the Trust Deed of the fund. Such refusal shall be in writing, notwithstanding that the employee can at any time apply to have contributions commencing upon becoming a member of the fund. Provided further that where an eligible employee is a member of the Union, the Union shall be notified of the employee's refusal.

(5) EXISTING ARRANGEMENTS - Employers already provided 3 per cent Occupational Superannuation contributions or providing improved superannuation benefits equivalent to 3 per cent on behalf of their employees employed as Commercial Travellers to an approved fund operating on or before 15 January 1990, or employees employed as Wholesale Merchandisers to an approved fund operating on or before 1 August 1990, shall be exempt from the application of this clause.

Further, it is not the intent of this clause to reduce the terms of any existing agreement between an employer and the Trustee of an approved fund. Provided that the benefits of existing arrangements would not be any less favourable than benefits derived as a result of the application of this award.

Further, the Union reserves its right to inspect these arrangements periodically.

(6) FUNDS -

An individual employer, other than an employer covered by sub-clause (5) who wishes to make an application for an alternative to the requirement to pay contributions to L.U.C.R.F. pursuant to this clause is subject to the following:

(i) The employer shall notify the State Secretary of the Union in writing by registered mail.

(ii) The employer shall not proceed to make payments into an alternative fund until agreement to do so has been received by registered mail from the State secretary of the Union.

(iii) Where the parties are unable to reach agreement the matter shall be referred to the Industrial Committee for determination. If conciliation fails the Industrial Committee shall adjourn for a reasonable period to allow a representative from L.U.C.R.F. and from the proposed fund to interview eligible employees regarding superannuation.

(iv) Employees then may choose the fund to apply from those proposed by the employer or L.U.C.R.F. The principle of individual choice shall apply.

(Notation: Employees covered by this award are also covered by the provisions of the Superannuation Guarantee Charge Act, 1992 (Cth.) and the Superannuation Guarantee (Administration) Act, 1992 (Cth.) and complimentary legislation. Nothing in this notation, however, shall be used to reduce any benefits enjoyed by employees as at the date of making this award.)

50. ENTERPRISE CONSULTATIVE MECHANISM

At each enterprise there shall be established a consultative mechanism appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity.

51. ARBITRATED SAFETY NET ADJUSTMENTS

(a) The rates of pay in this award include the First Second and Third Arbitrated Safety Net Adjustments ($8.00 per week) payable under the State Wage Case - December 1994 Decision. All the above Safety Net Adjustments may be offset to the extent of any wage increase received at the enterprise level since 29^th May 1991. Increases made under previous State Wage Case Principles or under the current principles, excepting those resulting at the Enterprise level, are not to be used to offset arbitrated safety net adjustments.

(b) The rates of pay in this award include the adjustments payable under the State Wage Case of May 2000. These adjustments may be offset against:

(i) any equivalent overaward payments, and/or

(ii) award wage increase since 29 May 1991 other than Safety Net Adjustments and Minimum Rates Adjustments.

52. EXEMPTIONS

This award shall not apply to either persons employed by John Fairfax & Sons Limited as circulation representatives or probationary circulation representatives or to that company in respect of its employment of such persons.

53. ANTI-DISCRIMINATION

1. It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act, 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

2. It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

3. Under the Anti-Discrimination Act, 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

4. Nothing in this clause is to be taken to affect:

(a) any conduct or act which is specifically exempted from anti-discrimination legislation;

(b) offering or providing junior rates of pay to persons under 21 years of age;

(c) any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act, 1977;

(d) a party to this award from pursuing matters of unlawful discrimination in any State or Federal Jurisdiction.

5. This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

NOTES: (a) Employers and employees may also be subject to Commonwealth Anti-Discrimination

Legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in the Act affects any other Act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

54. AREA, INCIDENCE AND DURATION

(a) This Award shall apply to Commercial Travellers in the State of New South Wales excluding the County of Yancowinna within the jurisdiction of the Commercial Travellers (State) Industrial Committee.

(b) This Award is made following a review under Section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Commercial Travellers (State) Award published 30 June 2000 (316 IG 897) and all variations thereof.

(c) The Award published 30 June 2000 took effect from the beginning of the first pay period to commence on or after 24 August 2001 and the variations incorporated therein on the dates set out in the attached Schedule A.

(d) The changes made to the Award pursuant to the Award Review pursuant to Section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG.307) are set out in the attached Schedule B and take effect on 28 June 2001.

(e) This Award remains in force until varied or rescinded. The period for which it was being made already expired.

SCHEDULE A

Awards and Variations Incorporated

	Award/	Date of	Date of taking	Industrial Gazette
Clause	Variation	Publication	Effect
	Serial No.
				Vol.	Page
Commercial	B 8963	30 June 2000	First pay period from	316	897
Travellers (State)			24 August 1999
Award
47	B9033	28 April 2000	10 December 1998	315	438
52, Part B Table 1	B 9530	12 January 2001	First pay period from	321	656
and Table 2			24 August 2001

APPENDIX 1

The Secretary

National Union of Workers, New South

Wales Branch

3-5 Bridge Street

GRANVILLE NSW 2142

RE: WHOLESALE MERCHANDISER

The following details are forwarded in accordance with requirements of clause 29, Wholesale Merchandiser Employment, of the Commercial Travellers, &c. (State) Award.

COMPANY/EMPLOYER _____________________________________________________

COMPANY/EMPLOYER ADDRESS ________________________________________________

COMPANY/EMPLOYER CONTACT OFFICER ____________________________________

FULL NAME OF MERCHANDISER _________________________________________

(PLEASE TICK)

FULL-TIME EMPLOYEE PART-TIME EMPLOYEE CASUAL EMPLOYEE

o o o

The Company/employer has employed this Wholesale Merchandiser on a rate of pay which is equal to or greater than the award rate of pay prescribed in either clause 10, Remuneration, for Local Wholesale Merchandiser or clause 14, Remuneration - Country Traveller, for Country Wholesale Merchandiser of the Commercial Travellers, &c. (State) Award.

The company/employer is paying the equivalent to one-twelfth of the Casual Wholesale Merchandiser's ordinary-time rate of pay to such employees in compliance with the Annual Holidays Act 1944.

Where the employee is engaged as a casual merchandiser they are also paid a casual loading of 20 per cent in addition to their ordinary-time rate of pay; such casual merchandiser is engaged for a minimum of three hours.

Where the employee is engaged as a part-time merchandiser they are engaged for a minimum of 12 hours per week averaged over a 28-day period, each engagement being for a minimum of three hours in accordance with clause 27, Part-time Wholesale Merchandisers, of the Commercial Travellers, &c. (State) Award.

SIGNED: ______________________________

DATE: ______________________________

PART B

MONETARY RATES

TABLE 1 - REMUNERATION

PART 1 LOCAL EMPLOYEES

	Former Award Rate Per Week	Minimum Award Wage Rate Per
Classification	24 August 1999	Week
	$	24 August 2000
		$

Local Employee	470.70	482.70

Local Wholesale Merchandiser	429.90	441.90

PART II COUNTRY EMPLOYEES

	Former Award Rate Per Week	Minimum Award Wage Rate Per
Classification	24 August 1999	Week
	$	24 August 2000
		$

Country Employee	504.50	516.50
Country Wholesale Merchandiser	459.60	471.60

TABLE 2 - OTHER RATES AND ALLOWANCES

Item	Clause No.	Brief Description	Amount
No.			$
1.	12(I)(a)	Locomotion Allowance - Local Employees up to
		2,000 cc: standing charge allowance weekly	$185.55 per week
		amount	20.45 cents per km
2.	12(I)(b)	Locomotion Allowance - Local Employees over
		2,000 cc: standing charge allowance weekly	$204.70 per week
		amount	$0.22 per km
3.	12(ix)	Employee required to provide station wagon/tow a	$4.70 per week
		trailer or caravan
4.	12(xiv)	Wholesale part-time/casual merchandiser	51.2 cents per km
5.	12(xv)	Part-time Local employees/vehicle related	43.9 cents per km
		expenses (private vehicles)
6.	12, Part B(ii)	Standing Charge Air-conditioning Allowance -	$3.05 per week
		employee provides vehicle fitted with air-
		conditioning unit
7.	12, Part B (iii)	Dry cleaning and Laundry Allowance	$4.20 per week
8.	16(I)(a)	Locomotion Allowance - Country Employees up
		to 2,000 cc: standing charge allowance weekly	$192.35 per week
		amount	20.45 cents per km
9.	16(I)(b)	Locomotion Allowance - Country Employees over
		2,000 cc: standing charge allowance weekly	$206.75 per week
		amount	$0.22 per km
10.	16(ix)	Employees required to provide station wagon/tow	$5.40 per week
		a trailer or caravan
11.	16(xiv)	Wholesale part-time/casual merchandiser shall be	51.2 cents per km
		paid for use of his/her motor vehicle
12.	16(xv)	Part-time Country Employees/vehicle related	43.9 cents per km
		expenses (private vehicles)
13.	16, Part B (ii)	Standing Charge Air-conditioning Allowance	$3.15 per week
14.	16, Part B (iii)	Dry Cleaning and Laundry Allowance	$1.55 per week

R. J. PATTERSON, Commissioner.

____________________

Printed by the authority of the Industrial Registrar.

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ARRANGEMENT

PART A

Part I - Local Employees

Part II - Country Employees

Part III - Commission

Part IV - General

PART A

PROCEDURES TO BE FOLLOWED -

AIR-CONDITIONING IN MOTOR VEHICLES

STANDING CHARGE AIR-CONDITIONING ALLOWANCE

DRY CLEANING AND LAUNDRY ALLOWANCE

AIR-CONDITIONING IN MOTOR VEHICLES

STANDING CHARGE AIR-CONDITIONING ALLOWANCE

DRY CLEANING AND LAUNDRY ALLOWANCE

Amount

$