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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43967
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I am currently in the motor trade as a lic vehicle

Customer Question

Good afternoon ... I am currently in the motor trade as a lic vehicle salesperson and i am 62 years old. My issue is the following, I am currently on a retainer of $1000 per week and commission over and above the base retainer for vehicles sold. I have been handed the new commission structure where as I will now loose 3.5% of the total 7% for not achieving a 40% penetration overall for the months sales, in either aftercare or finance.
This can have a dramatic impact on my commissions and am a little upset by the fact that my wages are now reliant on the aftercare consultant or the finance consultant to achieve their result. I would like to add that I am a professional in my field and will continue to seek aftercare and finance by the so called planting the seed for the dealership. However, in some instances this is not possible and feel I am being railroaded into signing the work agreement.
Is there anything I can do to or do I have to take what is being offered
Submitted: 10 months ago.
Category: Australia Law
Expert:  Leon replied 10 months ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

They cannot reduce it without your agreement.

In your industry is there an award? Are you paid in accordance with that or above the award?

Customer: replied 10 months ago.
There is no award as such and we work from 8 am to 6 pm mon, tues, thurs, friday and wed from 8am till 8pm and sat 8am till 1 pm, with a rostered day off every two weeks
Customer: replied 10 months ago.
Hi Leon, is the above an answer to my question ?
Expert:  Leon replied 10 months ago.

Good Evening.

If you are not happy with the agreement they are proposing you tell them.

If they donut agree you can have it mediated with Fair Work Australia.

They cannot simply change your contract without your consent.

You have a right to negotiate with them and if they terminate or threaten to terminate you for not agreeing this is coercion and a breach of the Fair Work Act.

I hope this makes sense and is of assistance. If there is nothing further

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.