AP801516 - Universities and Post Compulsory Academic Conditions Award 1999
1 - DEFINITIONS
For the purposes of this schedule “prescribed expenses” means:
(i) legal fees;
(ii) agent’s commission;
(iii) stamp duty;
(iv) fees associated with the transfer of title;
(v) expenses relating to the execution or discharge of a first mortgage; and
[Sched II:1(vi) varied by R9059 from 04Aug99]
(vi) any reasonable costs as determined by the Authorised Officer of advertising for sale of a dwelling-house.
2. PAYMENTS
[Sched II:2(a) varied by R9059 from 04Aug99]
(a) The Authorised Officer may authorise the payment to the employee of the reasonable costs incurred in the conveyance of himself or herself and his or her dependents, including reasonable costs for removal of furniture and personal effects.
[Sched II:2(b) varied by R9059 from 04Aug99]
(b) The Authorised Officer may authorise the payment to the employee of an allowance comprising two-thirds of the expenses necessarily incurred by the employee in residing at a hotel or boarding-house while waiting to:
(i) commence or continue his or her journey to the new locality; or
(ii) secure a place of residence in that locality.
(c) Subject to subclause (d) hereof, an allowance under subclause (b) hereof, shall not be paid in respect of a period exceeding:
(i) 1 week in case to which paragraph (b)(i) hereof applies; or
(ii) 4 weeks in any other case.
[Sched II:2(d) varied by R9059 from 04Aug99]
(d) Where the Authorised Officer is satisfied that an employee to whom subclause (b) hereof applies is unable to secure a place of residence in the new locality after having made all reasonable efforts to do so, the Authorised Officer may extend the period in respect of which an allowance under that subclause would otherwise be payable to that employee for such further period, not exceeding 4 weeks, as the Authorised Officer may determine.
[Sched II:2(e) varied by R9059 from 04Aug99]
(e) Where the Authorised Officer is satisfied that in the circumstances of a particular case it is just and equitable to do so, he or she may authorise the payment to an employee to whom subclause (b) hereof applies of an allowance at a rate per week determined by the Authorised Officer for a period not exceeding 5 weeks after the expiration of the periods referred to in subclauses (c) and (d) hereof.
[Sched II:2(f) varied by R9059 from 04Aug99]
(f) The Authorised Officer may authorise the payment to an employee to whom subclause (b) hereof applies of such amount as the Authorised Officer may in a particular case determine for the purpose of compensating that employee for expenses necessarily incurred by him or her in respect of:
(i) the storage of his or her furniture and effects while waiting to secure a place of residence in the new locality; and
(ii) the cartage of the furniture and effects from the place of storage to the employee’s place of residence in that locality.
(g) An employee who is entitled to receive the expenses and allowances payable under this schedule is also entitled to be paid an incidentals allowance to compensate the employee for:
(i) the value of the increased depreciation of, and the additional wear and tear on, the basic household furniture and effects resulting from the transfer; and
(ii) the cost of the replacement or alteration of carpets, linoleum, curtains, blinds, and household effects necessitated by the transfer;
(iii) incidental costs associated with establishing a new place of residence (eg telephone, gas reconnection).
[Sched II:2(h) varied by R9059 from 04Aug99]
(h) The depreciation allowance payable under this schedule is such an amount as may be determined by the Authorised Officer.
(i) An employee who is entitled to receive expenses and allowances under this schedule is, subject to subclause (m) hereof, also entitled to receive a property allowance for reimbursement of prescribed expenses incurred by him or her;
(i) in the sale of the dwelling house:
(1) owned and occupied by him or her;
(2) which he or she was purchasing under a contract of sale providing for vacant possession; or
(3) which he or she was constructing for his or her own permanent occupation, on completion of construction, at the date on which it became necessary to move to the new locality;
(ii) in the purchase of a dwelling-house, or land for the purpose of erecting a dwelling-house on the land, for his or her own permanent location permanent occupation in the new locality; or
(iii) both in the sale of the dwelling-house referred to in paragraph (i) hereof and in the purchase of a dwelling-house or land referred to in paragraph (ii) hereof.
(j) The property allowance payable under this clause in respect of a sale, purchase, or sale and purchase, is, subject to subclause (k) hereof, an amount which is equal to the actual expenses incurred.
(k) Where an employee is the owner jointly or in common with another person not being a person referred to in subclause (n) hereof, the property allowance payable under this clause shall not exceed an amount which is equal to the proportion of the prescribed expenses for which he or she is responsible.
(l) An application by an employee for a property or an incidentals allowance under this schedule shall be accompanied by sufficient evidence of the payment by the employee of the prescribed expenses.
[Sched II:2(m) varied by R9059 from 04Aug99]
(m) Except on the decision of the Authorised Officer, an employee is not entitled to the payment of a property allowance in respect of:
(i) a sale referred to in paragraph (i)(i) hereof; or
(ii) a purchase referred to in paragraph (i)(ii) hereof which is effected:
(1) more that 2 years after the date on which the employee takes up duty in new locality; or
(2) after the date on which he or she receives notification that he or she is being transferred back to the old locality.
(n) For the purpose of this clause, it is immaterial that the dwelling-house or land is purchased, sold or owned;
(i) in the case of a married employee, solely or jointly or in common with:
(1) the spouse of that employee;
(2) a dependant of that employee; or
(3) the spouse and a dependant of that employee; or
(ii) in the case of any other employee, solely or jointly or in common with a dependant.
