Living Away From Home Allowance. 43.9.1 Where an Employee is engaged on the Project and is required to travel a distance from their usual place of residence that is unreasonable to return each day, meets the ATO eligibility criteria and completes the required Employer declaration, the Employer will supply the provision of reasonable board and lodgings, at no cost to the Employee. 43.9.2 Reasonable board and lodging means, a minimum of three adequate meals per day, and a single room (not shared) which is quiet with air conditioning/heating, suitable ventilation, comfortable and clean bedding, appropriate lighting and furnishings, an ensuite with a toilet, shower and basin both with running hot and cold water, a television and tea and coffee making facilities. All facilities must be clean and fully functioning. 43.9.3 Where reasonable board and lodging are not available, the Employer and the Employee may agree to alternative arrangements, provided that the Employee is not placed in a financial disadvantage as a result of the alternative arrangement. 43.9.4 Where an Employee is eligible under this Clause, the Employer will pay the Employee, in addition to all other entitlements, a daily taxable allowance as detailed in the table of allowances. 43.9.5 An Employee may refuse to work in circumstances where the working would result in the Employee working hours which are unreasonable having regard to matters including: a) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an Employee’s ability to work safely and/or create a danger to Employees; b) the Employee’s personal circumstances including any family responsibilities; c) the needs of the workplace or enterprise; d) the notice (if any) given by the Employer, and by the Employee of his or her intention to refuse it; and e) any other relevant matter. 43.9.6 The living away from home allowance (per night) shall be paid at the rates provided for in the table of allowances.
Appears in 6 contracts
Samples: Project Agreement, Project Agreement, Project Agreement
Living Away From Home Allowance. 43.9.1 Where an Employee 28.1. The Employer acknowledges that work performed under this Agreement, will, in order to meet the operational requirements of the Project, require long shifts, for example shifts of 10 hours or more, plus travel time.
28.2. Due to these rostering requirements, and in order to appropriately manage safety requirements, including but not limited to fatigue management, the Employer considers that Employees will need to live within reasonable proximity to the Project.
28.3. It is engaged on therefore necessary that prospective Employees provide the Project and is required to travel a distance from their Employer with usual place of residency (UPR) as part of their application process. The declared UPR will be considered to be the Employee’s place of residence for the duration of their employment and for the purposes of this Agreement.
28.4. The Employer acknowledges that is unreasonable there may be circumstances in which an Employee may, during the course of their employment, be required to return each day, meets the ATO eligibility criteria and completes the required Employer declarationchange their UPR. In those circumstances, the Employer will supply accept the provision of reasonable board and lodgings, at no cost change to the EmployeeUPR, however there will be no entitlement to LAFHA even if the UPR is in an area outside the area defined in Appendix 6.
43.9.2 Reasonable board and lodging means, a minimum of three adequate meals per day, and a single room (not shared) which is quiet with air conditioning/heating, suitable ventilation, comfortable and clean bedding, appropriate lighting and furnishings, an ensuite with a toilet, shower and basin both with running hot and cold water, a television and tea and coffee making facilities28.5. All facilities must be clean and fully functioning.
43.9.3 Where reasonable board and lodging are not available, the Employer and the Employee may agree to alternative arrangements, provided that the Employee is not placed in a financial disadvantage as a result of the alternative arrangement.
43.9.4 Where an Employee is becomes eligible under this Clausefor LAFHA: The Employer will pay an allowance per seven-day week in full recompense for all costs incurred or, for broken parts of the week, the Employer will pay the Employee, in addition to all other entitlements, a daily taxable allowance, capped at the maximum weekly contribution – as set out in Appendix 2. The Employer will not pay the allowance as detailed for each day the Employee is not ready, willing, and available to attend for work in accordance with this Agreement. LAFHA will not be included in the table calculation of allowancesany other entitlement under this Agreement.
43.9.5 An 28.6. For abundant clarity, an Employee may refuse whose usual place of residence is outside the aforementioned criteria to work in circumstances where the working would result in Project, but who declared when applying for employment on the Employee working hours which are unreasonable having regard Project to matters including:
a) be considered for employment as though they do not live outside that area, will not be eligible for LAFHA entitlements and/or excess fares and travel entitlements under any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an Employee’s ability to work safely and/or create a danger to Employees;
b) the Employee’s personal circumstances including any family responsibilities;
c) the needs of the workplace or enterprise;
d) the notice (if any) given by the Employer, and by the Employee of his or her intention to refuse it; and
e) any other relevant mattercircumstances.
43.9.6 The living away from home allowance (per night) shall be paid at the rates provided for in the table of allowances.
Appears in 1 contract
Samples: Greenfields Agreement
Living Away From Home Allowance. 43.9.1
a) Where an Employee is engaged on distant work, all reasonable accommodation will be supplied by the Project and is required to travel a distance from their usual place of residence that is unreasonable to return each day, meets the ATO eligibility criteria and completes the required Employer declaration, the Employer will supply the provision of reasonable board and lodgings, Company at no cost to the Employee.Employee and in addition to all other entitlements a daily allowance for meals and incidental expenses will be provided in accordance with Schedule C. Alternatively, where the employee elects in writing to supply their own accommodation, they shall receive the weekly allowance (or part thereof) as provided by Schedule C.
43.9.2 Reasonable board and lodging means, a minimum of three adequate meals per day, and a single room (not sharedb) which is quiet with air conditioning/heating, suitable ventilation, comfortable and clean bedding, appropriate lighting and furnishings, an ensuite with a toilet, shower and basin both with running hot and cold water, a television and tea and coffee making facilities. All facilities must be clean and fully functioning.
43.9.3 Where reasonable board and lodging are accommodation is not available, the Employer Company and the Employee may agree to alternative arrangements, provided that the Employee is not placed in a financial disadvantage as a result of the alternative arrangement.
43.9.4 Where an c) Employees rostered for distant work must be notified in writing by the Company. In all cases, employees will be given a minimum of one (1) weeks’ notice before such distance work can commence The Company will endeavour to ensure that no Employee is eligible under this Clause, the Employer will pay the Employee, in addition be required to all other entitlements, a daily taxable allowance as detailed in the table of allowanceswork on distant work for more than 14 consecutive working days or have less than four consecutive days between engagements on distant work.
43.9.5 d) An Employee may refuse to work in circumstances where the working would result in the Employee working hours which are unreasonable having regard to matters including:
a(i) any risk to Employee health and safety including the risk of fatigue i.e. excessive hours, exposure to noise, fumes, or any matter that can impair an Employee’s ability to work safely and/or create a danger to Employeesfatigue;
b(ii) the Employee’s personal circumstances including any family responsibilities;
c(iii) the needs of the workplace or enterprise;
d(iv) the notice (if any) given by the EmployerCompany, and by the Employee of his or her intention to refuse it; and.
e) any other relevant matter.Travelling Time Payment to and from Distant Work:
43.9.6 The living away (i) An Employee travelling to or from home allowance (per night) Distant Work shall be paid for the time occupied in such travel up to a maximum of 12 hours out of every 24 hours, or where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.
(ii) The provisions of clause 15 with respect to overtime apply to time spent travelling to or from Distant Work, as though the Employee were at work for the rates provided for duration of travel up to a maximum of 12 hours out of every 24 hours, or where a sleeping berth is provided, a maximum of 8 hours out of every 24 hours.
f) Whilst employees are required to work away from their home-base there will be reasonable private use of company vehicles to ensure mobility in the table varying work locations. Where private use is not possible, employees will be provided with taxi vouchers for reasonable travel use whilst working away.
g) All provided meals will be of allowancesa suitable choice, quality and quantity to meet the varying tastes and nutritional needs of employees. Meal allowances may be paid to employees in advance of travel, by submitting a timesheet prior to close of the pay period (prior to travel) to allow for normal processing of this allowance payment.
Appears in 1 contract
Samples: Enterprise Agreement