Vehicle Policy

Who can use this Policy

This Policy can be used by all employers.

Commentary

The Policy sets out the circumstances in which an employer-supplied vehicle may be provided to an employee and the nature of the vehicle expenses that may be met by the employer.

The Policy also sets out the obligations an employee has to maintain the vehicle. These obligations include:

• ensuring the vehicle is available for use by other employees;
• taking appropriate care of the vehicle, including not taking the car 'off-road';
• operating the vehicle in a safe manner;
• observing provisions of the insurance policy relating to the car;
• taking responsibility for or parking and traffic infringements;
• ensuring that the vehicle is properly garaged at night; and
• not to drive the vehicle if intoxicated.

The Policy informs employees that a breach of the policy could lead to disciplinary action, including and up to the termination of their employment. The disciplinary response should be proportionate to the breach. A minor breach would not normally lead to a dismissal. A serious breach however, such as driving whilst intoxicated, could potentially justify a dismissal.

This policy is designed only to cover situations where the employer pays for all running and maintenance costs of the vehicle. Financial arrangements such as salary sacrifice and novated leases are not covered by this policy.

Interaction with contract of employment

This Policy cannot override the terms and conditions of an employee’s contract of employment. If the employee’s contract of employment is inconsistent with this Policy, we recommend you obtain legal advice, as it may be necessary to alter the Policy or seek to renegotiate the terms of the contract with the employee.

Workplace surveillance

Legislation in a number of states and territories regulates the tracking surveillance of employees. In order to conduct tracking surveillance, the employer must comply with that legislation.

Tracking surveillance generally refers to the monitoring of an employee’s location or movements using Global Positioning Systems.

If you wish to conduct surveillance, we recommend you implement a Internet, Email and Computer Use Policy. Alternatively, you should seek advice specific to your scenario.