The Car Lease Agreement Between Employer And Employee is a crucial document for Australian organizations offering vehicles as part of their employee benefits package. This agreement is commonly used when companies wish to provide employees with a company car, either as part of their remuneration package or for business purposes. The document is structured to comply with Australian taxation laws, particularly regarding Fringe Benefits Tax (FBT), and incorporates relevant state-specific vehicle regulations. It outlines essential terms including vehicle specifications, maintenance responsibilities, usage conditions, cost allocations, and termination provisions. The agreement is particularly important for ensuring clear understanding between parties and protecting both employer and employee interests while maintaining compliance with Australian employment and tax legislation.
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1. Parties: Identifies the employer (lessor) and employee (lessee) with their full legal names and details
2. Background: Explains the context of the agreement - that the employer is providing a vehicle to the employee as part of their employment arrangement
3. Definitions: Defines key terms used throughout the agreement including 'Vehicle', 'Lease Period', 'Lease Payments', 'FBT', etc.
4. Vehicle Details: Specifies the leased vehicle's make, model, year, registration number, and condition
5. Lease Term and Payments: Specifies the duration of the lease and payment arrangements, including salary sacrifice details if applicable
6. Vehicle Use and Restrictions: Outlines permitted use of the vehicle, authorized drivers, and any restrictions on use
7. Maintenance and Operating Costs: Details responsibilities for vehicle maintenance, repairs, and running costs
8. Insurance and Registration: Specifies insurance requirements and responsibilities for registration
9. Fringe Benefits Tax: Addresses FBT implications and responsibilities
10. Termination: Conditions for early termination and end of lease arrangements
11. Return of Vehicle: Requirements for vehicle condition upon return and assessment process
12. General Provisions: Standard legal provisions including governing law, notices, and amendment procedures
1. Novated Lease Provisions: Include when the arrangement is structured as a novated lease with a third-party lessor
2. Interstate Travel: Include when the vehicle may be used across state borders regularly
3. Pool Vehicle Arrangements: Include when the vehicle may also be used by other employees
4. Fuel Card Provisions: Include when a fuel card is provided with the vehicle
5. GPS Tracking: Include when the vehicle is fitted with GPS tracking systems
6. Environmental Requirements: Include when there are specific environmental or emissions requirements
7. Home Garaging: Include when addressing specific requirements for storing the vehicle at the employee's residence
1. Schedule 1 - Vehicle Specification: Detailed description of the vehicle including all features and modifications
2. Schedule 2 - Condition Report: Initial condition report with photographs and damage notation
3. Schedule 3 - Maintenance Schedule: Required maintenance intervals and procedures
4. Schedule 4 - Cost Schedule: Breakdown of all costs including lease payments, insurance, and FBT calculations
5. Schedule 5 - Authorized Drivers: List of additional authorized drivers if permitted
6. Appendix A - Vehicle Usage Policy: Company's general vehicle usage policies and procedures
7. Appendix B - Accident Reporting Procedure: Steps to follow in case of accident or damage
8. Appendix C - Fair Wear and Tear Guide: Guidelines for acceptable vehicle condition upon return
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