QLD Lost work van, keen to claim private car under FWC general protections

[Poidah]

Hi all,

If workplace provides a van and is happy for use as a private vehicle, and the work van is the sole and only form of transport, can a Fair Work claim under general protections ask for car registration and ongoing costs for a private car?
I can't seem to find any FWC cases involving transport costs or vehicle use. I would have thought this would be rather common in the trades especially and as work vehicles are quite commonly packaged into employment contracts and agreements.
Much thanks and happy Easter.

 

[Tim W]

So, your complaint is that you've lost a fringe benefit (being private use of the work vehicle)?

 

[Rod]

Sorry I do not understand your question about car rego and costs.

Car/vehicle packages are often wrapped into a lease agreement. The terms of the lease agreement will generally determine what happens.

 

[Poidah]

Much appreciated.
Yes, the use of the private van for private purposes is a fringe benefit and not stated in the employment contract etc. The work vehicle is not wrapped into a lease agreement, the van is totally owned by the company but private use is allowed. As the result, due to employment being terminated, there is an extra cost to obtain and register a car for private use.

 

[Tim W]

Much appreciated.
Yes, the use of the private van for private purposes is a fringe benefit and not stated in the employment contract etc. The work vehicle is not wrapped into a lease agreement, the van is totally owned by the company but private use is allowed. As the result, due to employment being terminated, there is an extra cost to obtain and register a car for private use.

In which case, the answer to your original question is... "Not likely, no"

 

[Poidah]

Thanks Tim W. I suspected that. No other FWC decisions or court cases seemed to have made reference to it. So I suspected so. Really appreciate your thoughts.