This document is essential when organizations provide housing as part of employment packages in Australia. The Employer Provided Housing Agreement serves as a legal framework defining the rights, responsibilities, and conditions associated with employer-provided accommodation. It's commonly used in remote locations, educational institutions, and industries where housing benefits are standard practice. The agreement incorporates relevant Australian federal and state legislative requirements, including Fair Work Act provisions, tax implications under the Fringe Benefits Tax Assessment Act, and state-specific residential tenancy laws. It covers critical aspects such as occupancy terms, maintenance obligations, utility responsibilities, and the relationship between continued employment and housing rights.
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1. Parties: Identifies the employer (as housing provider) and employee (as occupant)
2. Background: Establishes the context of the housing provision as part of employment and references relevant employment agreement
3. Definitions: Defines key terms used throughout the agreement including 'Premises', 'Occupancy Period', 'Housing Benefit'
4. Grant of License/Tenancy: Specifies the nature of the occupancy right granted to the employee
5. Term of Occupancy: Details the duration of the housing arrangement and its relationship to employment
6. Rent and Housing Benefit: Outlines any rent charges, payment arrangements, and how the benefit is treated for tax purposes
7. Occupant Obligations: Lists the employee's responsibilities regarding the property's use and maintenance
8. Employer Obligations: Details the employer's responsibilities for property maintenance and services
9. Utilities and Outgoings: Specifies responsibility for utility payments and other ongoing costs
10. Property Access: Establishes employer's rights to access the property for maintenance and inspection
11. Termination: Outlines circumstances for termination, including employment termination implications
12. Vacation of Premises: Procedures for vacating the property and final inspection requirements
13. Governing Law: Specifies the applicable law and jurisdiction
14. Execution: Formal signing section with date and witness provisions
1. Additional Occupants: Required when family members or other approved occupants will reside in the property
2. Shared Facilities: Needed for arrangements where certain facilities are shared with other occupants
3. Remote Location Provisions: For housing in remote areas, including special maintenance and emergency provisions
4. Furniture and Appliances: Required when the property is provided furnished
5. Pet Provisions: Include when pets are allowed in the property
6. Pool/Garden Maintenance: Required for properties with specific maintenance requirements for these facilities
7. Security Arrangements: For properties requiring specific security measures or systems
8. Insurance Requirements: Detailed insurance obligations when specific coverage is required from the employee
1. Property Description: Detailed description of the premises including address and included fixtures
2. Inventory List: Itemized list of furniture, appliances, and other items provided with the property
3. Condition Report: Detailed report of the property's condition at commencement
4. Maintenance Schedule: Regular maintenance requirements and responsibilities
5. Utility Arrangements: Details of utility accounts, payment arrangements, and contact information
6. House Rules: Specific rules and guidelines for property use and maintenance
7. Fair Wear and Tear Guidelines: Definition and examples of acceptable wear and tear
8. Emergency Procedures: Emergency contact information and procedures
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