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Employment Contract With Accommodation for Australia

Employment Contract With Accommodation Template for Australia

This document is a comprehensive employment contract governed by Australian law that combines both employment terms and accommodation arrangements in a single agreement. It complies with the Fair Work Act 2009 and relevant state-specific residential tenancy laws, providing a legally sound framework for situations where accommodation is provided as part of the employment package. The contract addresses essential employment terms, conditions, and benefits while also detailing the rights and responsibilities related to the provided accommodation, including maintenance, utilities, and occupancy terms. It incorporates necessary provisions for tax implications of accommodation benefits and ensures compliance with workplace health and safety requirements for both working and living arrangements.

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What is a Employment Contract With Accommodation?

The Employment Contract With Accommodation is designed for use in situations where an employer provides residential accommodation as part of the employment package, common in Australian industries such as mining, education, and agricultural sectors. This document is particularly relevant for remote locations, on-site positions, or roles requiring immediate availability. It combines standard employment terms under the Fair Work Act 2009 with residential arrangements governed by state-specific tenancy laws, addressing both the employment relationship and accommodation provisions in a single, comprehensive agreement. The contract includes specific clauses about property maintenance, utilities, occupancy rights, and the relationship between continued employment and accommodation rights. It's structured to protect both employer and employee interests while ensuring compliance with relevant Australian employment, residential, and tax legislation.

What sections should be included in a Employment Contract With Accommodation?

1. Parties: Identification of the employer and employee, including full legal names and addresses

2. Background: Context of the employment relationship and accommodation arrangement

3. Definitions: Key terms used throughout the contract, including employment and accommodation-specific terminology

4. Employment Terms: Position, duties, reporting relationships, and employment status

5. Commencement and Duration: Start date, employment period, and probationary period if applicable

6. Remuneration and Benefits: Salary, superannuation, and other employment benefits excluding accommodation

7. Accommodation Arrangements: Details of the provided accommodation, including location and type of residence

8. Accommodation Terms: Conditions of occupancy, maintenance responsibilities, and utilities arrangements

9. Hours of Work: Working hours, overtime arrangements, and flexible working provisions

10. Leave Entitlements: Annual, personal, long service and other leave entitlements

11. Workplace Policies: Reference to and incorporation of relevant workplace policies

12. Confidentiality: Protection of confidential information and intellectual property

13. Termination: Grounds for termination and notice periods for both employment and accommodation

14. Post-Employment Obligations: Ongoing obligations and vacancy of accommodation after employment ends

15. General Provisions: Governing law, entire agreement, variation, and severance clauses

What sections are optional to include in a Employment Contract With Accommodation?

1. Relocation Assistance: Used when the employer provides support for initial relocation to the accommodation

2. Shared Facilities: Required when accommodation includes shared spaces or facilities with other employees

3. Remote Work Arrangements: Included when the role involves working from the provided accommodation

4. Vehicle Use: Needed when a company vehicle is provided with the accommodation

5. Family Accommodation: Required when the accommodation arrangement extends to employee's family members

6. International Employment Provisions: Included for overseas workers requiring specific visa or immigration considerations

7. Emergency Response Duties: Required for roles where the employee must respond to emergencies from the accommodation

8. Seasonal Accommodation: Used for seasonal or temporary accommodation arrangements

What schedules should be included in a Employment Contract With Accommodation?

1. Schedule 1 - Accommodation Details: Detailed description of the accommodation, including address, inclusions, and floor plan

2. Schedule 2 - Inventory List: List of furnishings and equipment provided with the accommodation

3. Schedule 3 - Position Description: Detailed outline of the role, responsibilities, and performance expectations

4. Schedule 4 - Remuneration Package: Breakdown of salary, benefits, and accommodation value

5. Schedule 5 - House Rules: Specific rules and guidelines for the use of accommodation

6. Appendix A - Condition Report: Initial condition report of the accommodation and contents

7. Appendix B - Maintenance Procedures: Procedures for reporting and handling maintenance issues

8. Appendix C - Emergency Contacts: List of relevant emergency and maintenance contacts

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Cost

Free to use

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