Employment of our vehicle sales staff are governed by the Federal Vehicle Manufacturing, Repair, Services & Retail Award 2010 (the Award). The payment of commission hereunder specified is a payment which may be used to absorb any monetary obligations imposed on the employer by the Award and the National Employment Standards.
COMMISSION STRUCTURE
As from / / , the commission in respect of each
(week / month / four weekly / other period please specify…………………………
Will be the amount by which the sum of the amounts set out below exceeds the quota of $...... (If a quota applies before becoming entitled to commission, fill in here the appropriate weekly/monthly, etc amount, otherwise strike out this line).
1. NEW VEHICLE / 2. SECONDHAND VEHICLE
% of retained gross profit on each vehicle sold, or / % of retained gross profit on each vehicle sold, or
$...... on each vehicle sold / $...... on each vehicle sold
Any dispute of the gross profit or vehicles sold must be raised within one month of receipt of commission or such amounts are deemed mutually acceptable after the expiration of the one month.
3. Such special bonuses as may be agreed upon
4. Other commissions
5. The total of the above amounts in Clauses 1 or 2, 3, and/or 4 for the period will be subject to the following deductions:
· An amount of...... % to meet the annual leave and long service leave liabilities of the employer to its sales staff.
· Subject to a sale/s being finalised by the salesperson outside the terms upon which it was accepted by management and such sale/s incurs unnecessary financial cost to the employer, the employer has the right to reduce the value equivalent to such financial cost from any amount/s above not yet paid to the salesperson and/or any future amount/s.
· If the salesperson commits a breach of the award or of this agreement or an act which would entitle the employer to summarily dismiss the employee, then no payment of the amount/s above will be made for any amount/s not yet paid to the salesperson and/or future amount/s.
· The sum of $...... in respect of any occasion on which any loss or damage is caused by any or to any motor vehicle which may be placed in the control of the salesperson.
· Where a salesperson incurs parking fines or other expenses for breaches of the Motor Traffic Act or Regulations or similar legislation in other States/Territories, in respect of a company vehicle in their possession, such fines or expenses are the responsibility of the salesperson and management reserves the right to recover such amount/s from the amount/s earned or future amount/s earned.
· Where other arrangements with the employee are not sufficient to cover the costs, the salesperson hereby authorises the employer to make a deduction, of up to $ ……… or …… % from commissions payable in accordance with this agreement to meet as the employer sees fit, costs for private use of any motor vehicle to its sales staff. The amount of such deductions is to be the property of the employer to be used at its absolute discretion.
· After any other reduction above, for the amount/s applicable after 30 June 2008, the remaining amount reduced by the equivalent of 9% of the amount/s (i.e. the total amount/s reduced/divided by 12.11) to meet the applicable superannuation liabilities of the employer. Future legislative changes may amend this percentage and such changes alter the amount that may be deducted in accordance with this agreement.
[Strike out any provision that does not apply]
AWARD PROVISIONS
· No alteration to the basis of commission set out as aforementioned may be made without one weeks notice in writing to the salesperson or by mutual agreement.
· Where the employment of a salesperson terminates, the commission to which they are entitled in respect of vehicles which have already been delivered shall be paid within 14 days of such termination. The salesperson shall be paid two thirds of the commission on vehicles delivered within 3 months after the termination date.
PARTIES TO THE AGREEMENT
I the employee, accept the above conditions / For the employer
……………………………………………. Date……/……/……. / …………………………………….…….. Date……./……./……
Witness…………………………………..Date……/……/……. / Witness………………………………..Date……./……./…….
The MTANSW, or any employee or agent thereof is not responsible for the use of this draft agreement and disclaim all and any liability to any persons and entities who act in reliance on this draft agreement – it is recommended members obtain independent legal advice.