Who can use this policy
This policy can be used by all employers.
Commentary
The policy sets out the circumstances in which an employer-supplied vehicle may be provided to an employee and the nature of the vehicle expenses that may be met by the employer.
The policy also sets out the obligations an employee has to maintain the vehicle. These obligations include:
- ensuring the vehicle is available for use by other employees
- taking appropriate care, including not taking the car 'off-road'
- observing provisions of the insurance policy relating to the car
- taking responsibility for or parking and traffic infringements
- ensuring that the vehicle is properly garaged at night, and
- not to drive the vehicle if intoxicated.
The policy informs employees that a breach of the policy could lead to disciplinary action and possibly termination. The disciplinary response should be proportionate to the breach. A minor breach would not normally lead to a dismissal. A serious breach, such as driving whilst intoxicated, could potentially justify a dismissal.
This policy is designed only to cover situations where the employer pays for all running and maintenance costs of the vehicle. Financial arrangements such as salary sacrifice and novated leases are not covered by this policy.
Interaction with contract of employment
This policy cannot override the terms and conditions of an employee’s contract of employment. If the employee’s contract of employment is not consistent with this policy, we recommend you obtain legal advice, as it may be necessary to alter the policy or seek to renegotiate the terms of the contract with the employee.
Workplace surveillance
Legislation in a number of states and territories regulates the tracking surveillance of employees. In order to conduct tracking surveillance, the employer must comply with that legislation.
Tracking surveillance generally refers to the monitoring of an employee’s location or movements using Global Positioning Systems.
If you wish to conduct surveillance, we recommend you implement a Internet, Email and Computer Use Policy, such as the policy available on HR Advance. Alternatively, you should seek advice.
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Important note to subscribers
The commentaries and documents in HR Advance are updated as necessary, to keep them relevant. You should familiarise yourself with the relevant commentary each time you create a document.
This document has been drafted to suit a wide variety of businesses, with a number of options available to enable you to customise the document to better suit your business. Nevertheless, you may need to make other changes to the document so that it suits the specific needs of your business. If you make additional changes, we cannot guarantee that the changes and modifications you make to the document will be legally compliant or enforceable.
This commentary and any additional information provided to assist you in creating this document, does not constitute legal advice.
If you are unsure about any aspect of this document (including the changes or amendments you make to it), you should seek appropriate advice from a lawyer, skilled in these issues. You should consult with your financial advisor in relation to any relevant taxation or financial issues concerning the document you create.
After creating this document, you should read through it carefully to make sure it meets your business needs and is consistent with other industrial instruments, policies and procedures which operate in your workplace. This commentary is not designed to be provided to employees or other workplace participants. |
Further information
Further information on how to use this document can be found at the 'How to use these policies' link on the Policies page of the HR Advance website.
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