REVIEW OF COMMERCIAL TRAVELLERS AND SALES REPRESENTATIVES' AWARD 1978 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Commission's Own Motion

APPLICANT

-v-

(Not Applicable)

RESPONDENT

CORAM Senior Commissioner R Cosentino

DATE TUESday, 10 June 2025

FILE NO/S APPL 39 OF 2023

CITATION NO. 2025 WAIRC 00344

Result Award varied

Representation

Order

HAVING heard from Mr Dobson and pursuant to the powers conferred under the Industrial Relations Act 1979 (WA), the Commission hereby orders –

THAT the Commercial Travellers and Sales Representatives' Award 1978 be varied in accordance with the attached Schedule and that the variations shall have effect from the date of this Order.

Senior Commissioner R Cosentino

Schedule

Delete the entire contents of the Commercial Travellers and Sales Representatives' Award 1978 (with the exception of the variation record table, which shall remain annexed to the Award marked as superseded and struck through) and insert the following in lieu thereof:

Commercial Sales Representatives' Award (WA)

PART 1 – GENERAL

1. - TITLE

This award shall be known as the Commercial Sales Representatives' Award.

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $918.60 per week. 

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $918.60 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.

The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2024.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award. 

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2024 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award.  Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements.  Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $762.80 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $762.80 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.

(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2024.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship. 

2. - ARRANGEMENT

PART 1 – GENERAL

1. Title

1B. Minimum Adult Award Wage

2. Arrangement

3. Scope

4. Area

5. Definitions

PART 2 – EMPLOYMENT RELATIONSHIP

6. Contract of Employment

7. Flexible Working Arrangements

8. Termination of Employment

9. Introduction of Change

10. Redundancy

PART 3 – WAGES AND ALLOWANCES

11. Wages

12. Overtime and Penalty Rates

13. Supported Wage System

14. Superannuation

15. Expenses and Accommodation

16. Vehicle Provisions

17. Air Conditioning

18. Payment of Wages

19. Records

PART 4 – LEAVE

20. Public Holidays

21. Annual Leave

22. Personal Leave

23. Bereavement Leave

24. Long Service Leave

25. Family and Domestic Violence Leave

26. Parental Leave

PART 5 – OTHER

27. Union Notices and Posting of Award

28. Dispute Resolution

Schedule 1 – Industries and Respondents

3. - SCOPE

This award shall apply to all employees employed in the callings listed in clause 11 - Wages by employers engaged in the industries set out in Schedule 1 to this award.

4. - AREA

This award shall operate throughout the State of Western Australia.

5 - DEFINITIONS

(1) “Country Sales Representative” means a Sales Representative who spends at least three nights each week away from their normal place of residence but shall not include an employee transferred to a “country residence”.

(2) “Ordinary hourly rate” means the applicable weekly rate of pay specified under clause 11 - Wages divided by 38.             

(3) “Probationary Sales Representative” shall mean an employee engaged in the occupation of a Sales Representative, but who has had less than nine months' experience as a Sales Representative.

(4) “Sales Representative” shall mean an employee who is employed:

(a) away from or substantially away from the employer's place of business; and

(b) wholly or mainly for the purpose of soliciting orders or promoting business;

but shall not include:

(i) persons selling Motor Vehicles or attachments or Motor Cycles;

(ii) persons eligible to be members of the Shop, Distributive and Allied Employees’ Association of Western Australia, in accordance with the rules of that union as they existed on 1st March, 1979; or

(iii) persons employed in the calling of Motor Vehicle Drivers wholly or mainly for the purpose of delivering goods to retail establishments.

(5) “Union” means the United Workers Union (WA).

PART 2 – EMPLOYMENT RELATIONSHIP

6. - CONTRACT OF EMPLOYMENT

(1) An employee will be engaged as a full-time or part-time employee.

(2) A full-time employee is engaged to work an average of 38 hours per week.

(3) A part-time employee is an employee engaged to work less than 38 hours per week.

(4) Before starting full-time or part-time employment, the employer and the employee must agree in writing on the number of days to be worked by the employee.

(5) Part-time employees are entitled to be paid the ordinary hourly rate for their classification in respect of all hours worked by the employee.             

7. - FLEXIBLE WORKING ARRANGEMENT REQUESTS

Employees may make a request for a flexible working arrangement in accordance with s 39F and s 39G of the Minimum Conditions of Employment Act 1993 (WA). Any such request must be dealt with and determined in accordance with Part 4A of the Minimum Conditions of Employment Act 1993 (WA).             

8. - TERMINATION OF EMPLOYMENT

(1) An employer must give the employee written notice of termination in accordance with the following table:

(2) Employees over 45 years of age with two or more years of continuous service at the time of termination, shall receive an additional week's notice.

(3) Where the relevant notice is not provided, the employee shall be entitled to payment in lieu. Provided that employment may be terminated by part of the period of notice and part payment in lieu.

(4) In calculating any payment in lieu of notice, the employer must pay the employee an amount that is equal to, or exceeds, the total of all amounts that, if the employee's employment had continued until the end of the required notice period, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be worked out on the basis of:

(a) the employee's ordinary hours of work (even if they are not standard hours); and

(b)  the amounts ordinarily payable to the employee in respect of those hours, including for example, allowances, loadings and penalties; and

(c) any other amounts payable under the employee's contract of employment.

(5) The period of notice in this clause shall not apply in the case of dismissal for serious misconduct, that is, misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period.

(6) Notice of Termination by Employee:

Two weeks’ notice shall be necessary for an employee to terminate the engagement.

9. - INTRODUCTION OF CHANGE

(1)  Employer's Duty to Notify

 (a) 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.

 (b) “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 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.

(2) Employer's Duty to Discuss Change

 (a)  The employer shall discuss with the employees affected and the Union inter alia, the introduction of the changes referred to in subclause (1) hereof; the effects the changes are likely to have on employees, 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 their Union in relation to the changes.

(b) 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 subclause (1)(a) hereof.

(c) For the purpose of such discussion, the employer shall provide to the employees concerned and their Union, 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 be inimical to the employer's interests.

10. - REDUNDANCY

(1) Discussions Before Terminations:

(a) Where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with the Union.

(b) The discussions shall take place as soon as is practicable and shall cover, amongst other matters, the reasons the proposed terminations are required, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

(c) For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and the Union, 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 employees normally employed and the period over which the terminations are likely to be carried out.

Provided that the employer shall not be required to disclose confidential information; the disclosure of which would be detrimental to the employer's interests.

(2) Transfer to Lower Paid Duties

Where an employee is transferred to lower paid duties for reasons set out in subclause (1) above, the employee shall be entitled to the same period of notice of transfer as they would have been entitled to if they had been terminated, and the employer may make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rate for the number of weeks of notice still owing.

(3) Severance Pay

 This subclause (3) applies to employers who engage 15 or more employees at the time of any redundancies.

In addition to the period of notice provided in clause 8. – Termination of Employment, a permanent employee whose employment is terminated for reasons set out above shall be entitled to the following amount of severance pay in respect of a continuous period of service -

Period of continuous service severance pay

‘Weeks’ pay’ means the ordinary time rate of pay for the employee concerned.

Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

(4) Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in subclause (1) above may terminate their employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had they 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 in accordance with clause 8 – Termination of Employment.

(5) Alternative Employment

The employer in a particular redundancy case, may make an application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

(6) Time Off During Notice Period

(a) 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 for the purpose of seeking other employment.

(b) 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 they shall not receive payment for the time absent.

For this purpose a statutory declaration will be sufficient.

(7) Notice to Centrelink

Where a decision has been made to terminate the services of 15 or more employees in the circumstances outlined in subclause (1) above, the employer shall notify Centrelink 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.

(8) Transfer of Business

(a) Where a business is transferred from one employer (in this subclause called "the old employer") to another employer (in this subclause called "the new employer") and an employee who at the time of such transfer was an employee of the old employer in that business becomes an employee of the new employer:

(i) The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transfer, and

(ii) The period of employment which the employee has had with the old employer or any prior transfer shall be deemed to be service of the employee with the new employer.

(b) In this subclause “business” and “transfer” has the same meaning and effect as in the Long Service Leave Act 1958 (WA).

(9) Employees With Less Than One Year's Service

This clause shall not apply to employees with less than one year's continuous service, and the general obligation on the employer should be no more than to give relevant 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.

(10) Employees Exempted

This clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, or in cases where employees are engaged for a specific period of time or for a specified task or tasks.

(11) Incapacity to Pay

An employer in a particular redundancy case may make an application to the Commission to have the general severance pay prescription varied on the basis of the employer’s incapacity to pay.

PART 3 – WAGES AND ALLOWANCES

11. - WAGES

(1) The following shall be the minimum weekly rates of wages payable to full-time employees covered by this award with effect from the beginning of the first pay period commencing on or after 1 July 2024.

(2) Provided that a Sales Representative required by their employer to make periodic visits to country areas which necessitates them staying away from their normal place of residence for three or more nights in any one week, shall be paid as a Country Sales Representative for that week.

(3) Where an employee is engaged on a “commission only” basis or on a “commission and retainer” basis they shall be paid per week not less than the relevant minimum rate of pay prescribed in this award.  Where an employee is employed on a “commission only” or “retainer and commission” basis the period in relation to which commission shall be calculated shall not be more than one month. The balance of commission outstanding after payment of the minimum remuneration as provided for by this clause shall be paid to the employee not later than one week following the last day of the said period.

At the time of payment of commission each employee shall be furnished with sufficient information to enable the employee to check the correctness of the amount of commission paid.

12. - OVERTIME AND PENALTY RATES

(1) A full-time or part-time employee directed by the employer to perform any work after 6.00 pm Monday to Friday inclusive, or in excess of 38 hours in a week will be paid at a rate of 150% of the applicable minimum hourly rate set out in clause 11 - Wages.

(2) An employee required by the employer to attend the employer's show rooms, trade fairs, exhibitions, or agricultural shows or sales conferences, or attend for stock taking purposes after 6.00 p.m. Monday to Friday inclusive, shall be paid at the rate of 150% of the ordinary hourly rate per hour with a minimum payment of two hours. Provided that the minimum payment of two hours shall not apply where the attendance at such functions is contiguous with the usual hours of work.

(3) An employee required to work on a Saturday, Sunday or on a public holiday prescribed in clause 20 - Public Holidays of this award shall be paid at the rate of 200% of the ordinary hourly rate per hour, with a minimum of three hours payment.

13. - Supported wage SYSTEM

(1) Definitions

This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award. In the context of this clause, the following definitions will apply:

(a) “Approved Assessor” means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(b) “Assessment Instrument” means the tool provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(c) “Disability Support Pension” means the Commonwealth Government pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme.

(d) “Supported Wage System (SWS)” means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au.

(e) “SWS Wage Assessment Agreement” means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate.

(2) Eligibility Criteria

(a) Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

(b) This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their current employment.

(3) Supported Wage Rates

(a) Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule:

  Assessed Capacity  % of Prescribed Award Rate

 10%    10%

 20%    20%

 30%    30%

 40%    40%

 50%    50%

 60%    60%

 70%    70%

 80%    80%

 90%    90%

(b) Provided that the minimum amount payable must not be less than the amount set by the Western Australian Industrial Relations Commission under s 50A(1)(a)(iii) of the Industrial Relations Act 1979 (WA).

(c) Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.

(4) Assessment of Capacity

(a) For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the SWS by an Approved Assessor, having consulted the employer and employee and, if the employee so desires, the Union.

(b) All assessments made under this clause must be documented in a SWS Wage Assessment Agreement and retained by the employer as a time and wages record.

(5)  Lodgement of SWS Wage Assessment Agreement

(a) All SWS Wage Assessment Agreements under the conditions of this clause, including the appropriate percentage of the award wage to be paid to the employee, must be lodged by the employer with the Commission.

(b) All SWS Wage Assessment Agreements must be agreed and signed by the employee and employer parties to the assessment. Where the Union is not a party to the assessment, the assessment will be referred by the Commission to the Union by certified mail and the agreement will take effect unless an objection is notified to the Commission within 10 working days.

(6) Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the SWS.

(7) Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other employees covered by this award paid on a pro-rata basis.

(8) Workplace Adjustment

An employer wishing to employ a person under the provisions of this clause must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other employees in the area.

(9) Trial Period

(a) In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

(b) During the trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined.

(c) The minimum amount payable to the employee during the trial period must be no less than the amount set by the Western Australian Industrial Relations Commission under s 50A(1)(a)(iii) of the Industrial Relations Act 1979 (WA).

(d) Work trials should include induction or training as appropriate to the job being trialled.

(e) Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under subclause (4) – Assessment of Capacity.

14. - SUPERANNUATION

(1) The Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth) deals with the superannuation rights and obligations of employers and employees.

(2) The employer must make superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

(3) The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee.

(4) The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable.

(5) The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made.

(6) The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by a employee.

15. - EXPENSES AND ACCOMMODATION

(1) The wages paid are to be exclusive of all reasonable expenses actually incurred in the discharge of the Sales Representative’s duties and such expenses shall be paid weekly. Where reasonably ascertainable, the expenses payable under this clause are to be paid in advance.

(2) Expenses for reasonable hotel or motel accommodation are to be paid to Sales Representatives when in country areas.

16. - VEHICLE PROVISIONS

(1) (a) Where an employee is required to use a vehicle supplied by their employer, the expenses of operating and maintaining that vehicle shall be borne by the employer.

(b) Provided that where an employee has incurred a personal insurance excess and as a result the net cost to the employer to restore damage to that employer's vehicle following an accident is greater than otherwise would have been the case, the excess cost shall be met by the employee concerned.

(2) Where an employee is required by their employer to use their own vehicle in the course of their duties, they shall be paid an allowance not less than that provided for in the table set out in this subclause.  Notwithstanding anything contained in this clause, the employer, by agreement with the employee, may make any other arrangement as to car allowance not less favourable to the employee than that provided by this clause.

(a) Sales Representative:

(i) Up to 2.5 litre $242.20 per week plus 24 cents per kilometre.

(ii) Over 2.5 litre $294.00 per week plus 28 cents per kilometre.

(b) Country Sales Representative:

(i) Up to 2.5 litre - $290.90 per week plus 24 cents per kilometre.

(ii) Over 2.5 litre - $362.20 per week plus 28 cents per kilometre.

(c) For the purpose of this clause, travelling to and from the employee's home shall be regarded as employer's business.

(d) The per week allowances prescribed in paragraphs (a) and (b) of this subclause are payable during the employee's absence on paid leave as provided by this award.

(3) A part-time employee who provides their own vehicle in accordance with subclause (2) of this clause shall be paid 20% of the appropriate per week allowance prescribed in subclause (2) of this clause together with the appropriate per kilometre running cost prescribed therein for each day of employment.

17. - AIR CONDITIONING

Where the employer provides 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.

18. - PAYMENT OF WAGES

(1) Wages shall be paid at least monthly, at the discretion of the employer.

(2) As soon as practicable after the date of termination, an employee shall be paid all wages and allowances to which the employee is entitled.

(3) The method of payment of wages may, at the discretion of the employer, be in cash or by payment into an account, specified by the employee, with a bank or financial institution.

19. - RECORDS

(1) The employer shall keep records relating to all employees and provide pay slips in accordance with s 49D and s 49DA of the Industrial Relations Act 1979 (WA).

(2) The employer must produce its records for inspection in accordance with s 49E of the Industrial Relations Act 1979 (WA).

PART 4 – LEAVE

20. - Public HOLIDAYS

(1) (a) An employee is entitled to be absent from work without loss of pay on a day or part of a day that is a public holiday mentioned in Schedule 1 of the Minimum Conditions of Employment Act 1993 (WA). Provided that another day may be taken as a holiday by written agreement between the parties in lieu of any of the days mentioned in Schedule 1 of the Minimum Conditions of Employment Act 1993 (WA). Such agreement must be signed by the employer and the employee.

(b) When any of the days mentioned in paragraph (a) hereof other than Easter Sunday falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(c) An employer may request that an employee work on a day or part day that is a public holiday if the request is reasonable. The employee may refuse the request if it is not reasonable, or the refusal is reasonable. The factors which determine whether a request or refusal are reasonable are set out in s 30 of the Minimum Conditions of Employment Act 1993 (WA).

(d) When work is performed on any of the days mentioned in paragraph (a) the employee shall be paid in accordance with subclause (3) of clause 12. – Overtime and Penalty Rates for each hour of such work.

21. - ANNUAL LEAVE

(1) Annual leave is as provided for by the Minimum Conditions of Employment Act 1993 (WA).

(2) (a) During a period of annual leave an employee shall be paid a loading of 17.5% calculated on the employee’s ordinary wage (excluding commissions).

(b) The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(3) For each four weekends a Country Sales Representative is absent from their home in the course of the employer's business, there shall be added one day to the employee’s annual leave. Provided that such additional leave shall not exceed two weeks per annum.

22. - PERSONAL LEAVE

(1) Personal leave is as provided for in the Minimum Conditions of Employment Act 1993 (WA).

(2) (a) Subject to the provisions of this subclause an employee who suffers personal ill health or injury during the time when the employee is absent on annual leave may apply for and the employer shall grant paid personal leave in place of paid annual leave.

(b) Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to their place of residence or a hospital as a result of personal ill health or injury for a period of seven consecutive days or more and the employee produces a certificate from a registered medical practitioner that the employee was so confined.

(c) Replacement of paid annual leave by paid personal leave shall not exceed the period of paid personal leave to which the employee was entitled at the time the employee proceeded on annual leave and shall not be made with respect to fractions of a day.

(d) Where paid personal leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid personal leave is hereby replaced by the paid personal leave.

(e) Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in clause 21 - Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(3) Where a business has been transferred from one employer to another and the employee’s employment has been deemed continuous in accordance with the Long Service Leave Act 1958 (WA), the paid personal leave standing to the credit of the employee at the date of transfer from service with the old employer shall stand to the credit of the employee at the commencement of service with the new employer and may be claimed in accordance with the provisions of this clause.

23. - BEREAVEMENT LEAVE

Bereavement leave is as provided for in the Minimum Conditions of Employment Act 1993 (WA).

24. - LONG SERVICE LEAVE

The provisions of the Long Service Leave Act 1958 (WA) shall be deemed to be part of this award.

25. - FAMILY AND DOMESTIC VIOLENCE LEAVE

Family and domestic violence leave is as provided for in Division 7 of Part 2-2 of the Fair Work Act 2009 (Cth)

and the Minimum Conditions of Employment Act 1993 (WA).

26. - PARENTAL LEAVE

Parental leave is as provided for in accordance with Division 5 of Part 2-2 of the Fair Work Act 2009 (Cth).

PART 5 – OTHER

27. - UNION NOTICES AND POSTING OF AWARD

(1) An employer shall provide a notice board in its establishment upon which an accredited Union representative shall be permitted to post formal Union notices, signed or countersigned by the representative posting them. Any notice posted on such a board not signed or countersigned may be removed by an accredited Union representative or the employer.

(2) A copy of this award if supplied by the Union shall be allowed to be posted on the notice board referred to in subclause (1) of this clause.

28. - DISPUTE Resolution

(1) The following procedures shall apply in connection with questions, disputes or difficulties arising under this award.

(a) The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b) (i) If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii) Discussions at this level will take place as soon as practicable.

(2) The terms of any agreed settlement should be jointly recorded.

(3) Any settlement reached which is contrary to the terms of this award shall not have effect unless and until that conflict is resolved to allow for it.

(4) Nothing in this clause shall be read so as to exclude an organisation party to or bound by the award from representing its members.

(5) Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission.

SCHEDULE 1 - INDUSTRIES AND RESPONDENTS

ABRASIVES, MANUFACTURERS AND/OR DISTRIBUTORS

ADHESIVES, MANUFACTURERS AND/OR DISTRIBUTORS

AGRICULTURAL SUPPLIES MANUFACTURERS AND/OR DISTRIBUTORS

AIR COMPRESSORS AND/OR SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

AIR CONDITIONING, MANUFACTURERS AND/OR DISTRIBUTORS

AIR CONDITIONING EQUIPMENT PARTS, MANUFACTURERS AND/OR DISTRIBUTORS

AIR TOOLS AND ACCESSORIES, MANUFACTURERS AND/OR DISTRIBUTORS

ALUMINIUM MANUFACTURERS AND/OR DISTRIBUTORS

Dowell Aluminium Windows (WA) - 60 Belmont Avenue, Belmont

AMUSEMENT DEVICES, AND/OR GAMES MANUFACTURERS AND/OR DISTRIBUTORS

ART MATERIALS, MANUFACTURERS AND/OR DISTRIBUTORS

Hi-Light Marking Supplies - 144 Camboon Road, Morley

ASBESTOS PRODUCTS, MANUFACTURERS AND/OR DISTRIBUTORS

AUDIO VISUAL EQUIPMENT MANUFACTURERS AND/OR DISTRIBUTORS

AUTOMOTIVE SPARE PARTS & ACCESSORIES, MANUFACTURERS AND/OR DISTRIBUTORS

BAG AND/OR SACK, MANUFACTURERS AND/OR DISTRIBUTORS

BEARING, MANUFACTURERS AND/OR DISTRIBUTORS

BELTING MANUFACTURERS AND/OR DISTRIBUTORS

BATTERIES, MANUFACTURERS AND/OR DISTRIBUTORS

BLINDS, MANUFACTURERS AND/OR DISTRIBUTORS

BOOKBINDERS SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

BOOKSELLERS WHOLESALE

BOXES AND/OR CARTONS AND/OR CANNISTERS AND/OR CANS MANUFACTURERS AND/OR DISTRIBUTORS

BRASSWARE, MANUFACTURERS AND/OR DISTRIBUTORS

BUILDINGS, PRE-FABRICATED, MANUFACTURERS AND/OR DISTRIBUTORS

BUILDING SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

BRUSH MANUFACTURERS AND/OR DISTRIBUTORS

CAMPING EQUIPMENT AND/OR CANVAS GOODS, MANUFACTURERS AND/OR DISTRIBUTORS

CEMENT AND/OR LIME MANUFACTURERS AND/OR DISTRIBUTORS

CERAMICS MANUFACTURERS AND/OR DISTRIBUTORS

CHEMICALS, MANUFACTURERS AND/OR DISTRIBUTORS

CHINA AND/OR GLASSWARE AND/OR EARTHENWARE MANUFACTURERS AND/OR DISTRIBUTORS

CLEANING EQUIPMENT AND/OR SUPPLIES MANUFACTURERS AND/OR DISTRIBUTORS

CLOTHING AND/OR CLOTHING SUPPLIES MANUFACTURERS AND/OR DISTRIBUTORS

CONFECTIONERY, MANUFACTURERS AND/OR DISTRIBUTORS

CORDIAL AND/OR AERATED WATERS, MANUFACTURERS AND/OR DISTRIBUTORS

CORK, MANUFACTURERS AND/OR DISTRIBUTORS

COSMETICS AND/OR PERFUME MANUFACTURERS AND/OR DISTRIBUTORS

CUTLERY MANUFACTURERS AND/OR DISTRIBUTORS

DENTAL SUPPLIES AND/OR EQUIPMENT, MANUFACTURERS AND/OR DISTRIBUTORS

DISPLAY EQUIPMENT, MANUFACTURERS AND/OR DISTRIBUTORS

DRUMS, MANUFACTURERS AND/OR DISTRIBUTORS

ELECTRIC CABLE AND/OR WIRE MANUFACTURING AND/OR DISTRIBUTORS

ELECTRICAL EQUIPMENT MANUFACTURERS AND/OR DISTRIBUTORS

ELECTRICAL APPLIANCES MANUFACTURERS AND/OR DISTRIBUTORS

ELECTRONIC PARTS MANUFACTURERS AND/OR DISTRIBUTORS

ENGINEERING AND/OR ENGINEERING SUPPLIES MANUFACTURERS AND/OR DISTRIBUTORS

ENGRAVING AND/OR METAL STAMPING, MANUFACTURERS AND/OR DISTRIBUTORS

ESCALATORS AND/OR ELEVATORS AND/OR LIFTS, MANUFACTURERS AND/OR DISTRIBUTORS

FELT MANUFACTURERS AND/OR DISTRIBUTORS

FIBREGLASS AND/OR PLASTIC PRODUCTS MANUFACTURERS AND/OR DISTRIBUTORS

FLOOR COVERINGS AND/OR TREATMENTS, MANUFACTURERS AND/OR DISTRIBUTORS

FLOWERS AND/OR PLANTS MANUFACTURERS AND/OR DISTRIBUTORS

FLOUR MANUFACTURERS AND/OR DISTRIBUTORS

FOOD AND/OR FOOD PRODUCTS, MANUFACTURERS AND/OR DISTRIBUTORS

FURNITURE AND/OR FURNISHINGS AND/OR BEDDING MANUFACTURERS AND/OR DISTRIBUTORS

FURS AND/OR PELTS AND/OR SKINS MANUFACTURERS AND/OR DISTRIBUTORS

GAS APPLIANCES AND/OR BURNERS AND/OR SUPPLIES MANUFACTURERS AND/OR DISTRIBUTORS

GAS, INDUSTRIAL AND/OR MEDICAL MANUFACTURERS AND/OR DISTRIBUTORS

GIFTWARE AND/OR SOFT GOODS AND/OR TOYS MANUFACTURERS AND/OR DISTRIBUTORS

GLASS MANUFACTURERS AND/OR DISTRIBUTORS

GROCERY MANUFACTURERS AND/OR DISTRIBUTORS

HAIRDRESSING SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

HARDWARE, MANUFACTURERS AND/OR DISTRIBUTORS

INSTRUMENTS, MANUFACTURERS AND/OR DISTRIBUTORS

INSULATING MATERIALS, MANUFACTURERS AND/OR DISTRIBUTORS

JEWELLERY AND/OR GEMSTONES MANUFACTURERS AND/OR DISTRIBUTORS

Soklich Trading Co - Kenwick Road, Orange Grove

KITCHENWARE MANUFACTURERS AND/OR DISTRIBUTORS

LABELS AND/OR TICKETS AND/OR TAGS AND/OR TRANSFERS, MANUFACTURERS AND/OR DISTRIBUTORS

LABORATORY EQUIPMENT, MANUFACTURERS AND/OR DISTRIBUTORS

LEATHER GOODS MANUFACTURERS AND/OR DISTRIBUTORS

MANUFACTURERS AGENTS AND/OR IMPORT AGENTS

MATCH MANUFACTURERS AND/OR DISTRIBUTORS

METAL MANUFACTURERS AND/OR DISTRIBUTORS

MACHINERY GENERAL, MANUFACTURERS AND/OR DISTRIBUTORS

MACHINERY BUSINESS MANUFACTURERS AND/OR DISTRIBUTORS

MACHINERY AGRICULTURAL, MANUFACTURERS AND/OR DISTRIBUTORS

MARINE EQUIPMENT AND/OR SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

MINING AND/OR QUARRYING EQUIPMENT AND/OR SUPPLIES, MANUFACTURERS

AND/OR DISTRIBUTORS

OFFICE & BUSINESS SYSTEMS AND/OR EQUIPMENT AND/OR SUPPLIES, MANUFACTURERS

AND/OR DISTRIBUTORS

OIL MERCHANTS AND/OR REFINES AND/OR DISTRIBUTORS

OIL DRILLING EQUIPMENT AND/OR SUPPLIES

OPTICAL SUPPLIES

PAPER AND/OR PACKAGING MATERIALS AND/OR PRODUCTS AND/OR EQUIPMENT MANUFACTURERS AND/OR DISTRIBUTORS

PAINT AND/OR PAINTERS SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

PET FOOD AND/OR REQUISITES AND/OR PET SHOP SUPPLIES

PHARMACEUTICAL PRODUCTS AND/OR MEDICAL SUPPLIES AND/OR EQUIPMENT

MANUFACTURERS AND/OR DISTRIBUTORS

PHOTOGRAPHIC AND/OR CINEMATOGRAPHIC EQUIPMENT AND/OR REQUISITES

MANUFACTURERS AND DISTRIBUTORS

PLUMBING EQUIPMENT AND/OR SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

Solahart - 530 Albany Highway, Victoria Park

POTTERY AND/OR STONEWARE, MANUFACTURERS AND/OR DISTRIBUTORS

PRINTERS AND/OR PRINTING SUPPLIES

PUMPS AND MOTORS AND/OR PARTS MANUFACTURERS AND/OR DISTRIBUTORS

REFRIGERATION EQUIPMENT MANUFACTURERS AND/OR DISTRIBUTORS

RAZOR AND RAZOR BLADE, MANUFACTURERS AND/OR DISTRIBUTORS

ROPE AND/OR TWINE, MANUFACTURERS AND/OR DISTRIBUTORS

RUBBER PRODUCTS, MANUFACTURERS AND/OR DISTRIBUTORS

SCHOOL SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

SIGNS, MANUFACTURERS AND/OR DISTRIBUTORS

SECURITY SYSTEMS, AND/OR EQUIPMENT, MANUFACTURERS AND/OR DISTRIBUTORS

SPORTING GOODS, MANUFACTURERS AND/OR DISTRIBUTORS

STATIONERY SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

SURVEYORS EQUIPMENT AND/OR SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

TIMBER AND TIMBER PRODUCTS, MANUFACTURERS AND/OR DISTRIBUTORS

TOBACCO AND TOBACCO PRODUCTS, MANUFACTURERS AND/OR DISTRIBUTORS

TOOLS, MANUFACTURERS AND/OR DISTRIBUTORS

TOWELS, MANUFACTURERS AND/OR DISTRIBUTORS

VALVES, MANUFACTURERS AND/OR DISTRIBUTORS

WELDING EQUIPMENT AND/OR SUPPLIES, MANUFACTURERS AND/OR DISTRIBUTORS

WHEELS AND/OR CASTORS, MANUFACTURERS AND/OR DISTRIBUTORS

WINE AND SPIRITS, MANUFACTURERS AND/OR DISTRIBUTORS

COMMUNICATION AND/OR MUSIC AND/OR AMPLIFICATION SYSTEMS, MANUFACTURERS AND/OR DISTRIBUTORS

HOUSEHOLD APPLIANCES, MANUFACTURERS AND/OR DISTRIBUTORS

STOCKFOODS, MANUFACTURERS AND/OR DISTRIBUTORS

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