COMMERCIAL TRAVELLERS AND SALES REPRESENTATIVES' AWARD 1978 (NO R43 OF 1978)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES Sales Representatives and Commercial Travellers Guild of Western Australia

APPLICANT

-v-

Leonard Industries Pty LtD AND OTHERS

RESPONDENT

CORAM Commissioner J L Harrison

DATE Tuesday, 18 April 2006

FILE NO/S APPL 979 OF 2005

CITATION NO. 2006 WAIRC 04196

Result Varied

Order

HAVING heard Mr T Pope on behalf of the applicant and Ms J Price and Mr P Moss as agent on behalf of one of the respondents, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:

THAT the Commercial Travellers and Sales Representatives’ Award 1978 (No R43 of 1978) be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 18 April 2006.

Commissioner J L Harrison

SCHEDULE

1. Clause 8. – Special Rates:  Delete this clause and insert the following in lieu thereof:

(1) 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 $18.44 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.

(2) An employee required to work on a Saturday, Sunday or on a holiday prescribed in Clause 14. - Holidays of this award shall be paid at the rate of $24. 62 per hour, with a minimum of three hours payment.

2. Clause 10. – Vehicle Provisions:  Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Rates of hire for use of an employee's own vehicle on employer's business:

(a) Sales Representative/Commercial Traveller:

(i) Up to 2.5 litre $160.45 per week plus 16.49 cents per kilometre

(ii) Over 2.5 litre $195.50 per week plus 18.88 cents per kilometre

(b) Country Sales Representative/Commercial Traveller:

(i) Up to 2.5 litre - $193.40 per week plus 16.49 cents per kilometre

(ii) Over 2.5 litre - $241.60 per week plus 18.88 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 standing charges prescribed in paragraphs (a) and (b) of this subclause have been computed on the basis of their being payable during the employee's absence on annual leave, sick leave and long service leave as provided by this award.

3. Clause 19. – Air Conditioning:  Delete subclause (3) of this clause and insert the following in lieu thereof:

(3) Air-conditioning Allowance:

Where a worker by arrangement with his/her employer provides a motor vehicle and that vehicle is fitted with an air-conditioning unit, the worker shall be paid an allowance of $4.65 per week in addition to all payments made to him/her in accordance with Clause 10. - Vehicle Provisions of this award.  Provided that:

(a) this requirement shall not apply if the employer, the worker and union 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 to the employer, the worker and the union.

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

(c) this requirement shall not apply to an employer in respect of a worker using a motor vehicle in any sector of Western Australia south of the 26th parallel of latitude in respect of which the provision of an air-conditioning unit is mutually agreed in writing between the employer, the worker and the union to be inappropriate.  Where no agreement is reached the matter shall be determined by a Board of Reference.