Common use of Living Away From Home Provisions Clause in Contracts

Living Away From Home Provisions. (a) Subject to the remainder of this clause, Non-Local Employees will be provided with either: (1) accommodation in the Project-provided village, or if that is unavailable, a motel or hotel style room with meals supplied; or (2) a Living Away From Home Allowance (LAFHA) of $580.00 per week. (b) A Non-Local Employee will only be entitled to receive a LAFHA where: (1) the Employee mobilises his or her partner and/or family to Darwin with the bona fide intention of his or partner and/or family remaining in Darwin for the duration of the Employee’s time on the Project; and (2) the Employee provides the Employer with a written declaration that the conditions set out in clause 10.1(b)(1) exist; and (3) the Employer is satisfied, and remains satisfied throughout the period during which the Employee receives the LAHFA, that the Employee is living with his or her partner and/or family in Darwin in accordance with the details set out in the Employee’s declaration; and (4) the Employer is satisfied, and remains satisfied throughout the period during which the Employee receives the LAHFA, that the accommodation in which the Employee and his or her partner and/or family are residing, is suitable accommodation. (c) If the Employer becomes aware at any time that any of the conditions in clause 10.1(b)(1)are not satisfied, the Employer may, after giving the Employee reasonable notice, cease providing LAHFA to the Employee. (d) While an Employee receives a LAHFA in accordance with this clause: (1) the Employer will reimburse the Employee upon presentation of receipts, the cost of moving personal effects from their Usual Place of Residence to Darwin and back to their Usual Place of Residence, up to a maximum value of $3,500.00, each way; and (2) the Employee shall not be entitled to reimbursement for demobilisation of personal effects unless their employment with the Employer has lasted for longer than six months from the date on which the Employee was granted the LAHFA, or for a lesser period, should the work for which the Employee was mobilised be completed in less than six months; (3) the reimbursement referred to in clause 10.1(d)(1) is paid to the Employee in lieu of entitlements to R&R flights, as the Employee now has their family with them in Darwin; and (4) the Employee will be deemed to be a Local Employee for the purposes of this Agreement, and therefore will not be entitled to benefits such as R&R travel flights.