Salary Packaging Terms and Conditions

Salary Packaging Arrangement Agreement for Employees Terms & Conditions

1. Acceptance

(a) By completing a salary packaging application form, you accept and agree to these Terms & Conditions. 

2. Record Keeping

(a) FleetPartners or your employer may request re-substantiation of the benefits that are part of your existing Salary Packaging Arrangement. 

(b) You must keep records of the information provided as part of your application for salary packaging with FleetPartners or a claim made pursuant to your Salary Packaged Benefits (including any supporting documents) for seven years from the date when you lodge the application or claim.

(c) FleetPartners will not return any original documentation to claimants, including rejected claims.

3. Notification of Changes

(a) You acknowledge that FleetPartners can make certain changes to your Salary Packaging Arrangements, as instructed by you over the telephone, without the requirement for the change to be effected or confirmed in writing.

(b) You agree to advise FleetPartners in writing of any change in circumstances that may impact on your Salary Packaging Arrangements, including, but not limited to:

      i) changes to your Salary Packaged Benefits;

      ii) changes to your personal details, including banking details;

      iii) changes to your employment, including any periods of unpaid leave (prior to taking leave); 

      iv) termination of your employment.

(c) You must review communications provided to you by FleetPartners and promptly notify FleetPartners of any errors or changes required, including, but not limited to, packaging amounts being deducted, scheduled payments, bank account details and the accuracy of creditors and data regarding vehicles.

(d) To the extent permitted by law including the Australian Consumer Law, FleetPartners will bear no loss or any responsibility resulting from any data entry errors where a confirmation report was issued and you were given an opportunity to identify and correct such errors unless you can demonstrate that you made reasonable efforts to notify FleetPartners of such errors.

4. Payments to FleetPartners

(a) You acknowledge that your employer will pay that part of your Salary Packaged Benefits as is necessary for FleetPartners to administer your Salary Packaging Arrangement.

(b) You acknowledge that any funds paid to FleetPartners are held on behalf of your employer (and are not held on your behalf or on trust for you.)

5. Fees

(a) FleetPartners charges Administration Fees in respect of its role in administering your Salary Packaging Arrangement.  

(b) If your employer chooses to pass on the Administration Fee to you, you agree to allow FleetPartners to deduct the Administration Fee(s) from the Salary Sacrifice Amount

(c) You acknowledge that the Administration Fee(s) has been disclosed to you.  

(d) If you request FleetPartners to return a copy of any transaction submitted, the expense in performing this request will be borne by you. FleetPartners will inform you of any such expense prior to any request being performed.

6. Termination of arrangements or Cessation of Employment

(a) You may terminate your Salary Packaging Arrangement by giving one month’s notice in writing to FleetPartners.

(b) Subject to your employer’s policy, if you terminate your Salary Packaging Arrangement throughout the FBT Year the full annual Administration Fee is payable to FleetPartners.

(c) FleetPartners may:

     i) terminate your Salary Packaging Arrangement if you: 

             A) misuse a benefit or use a benefit in a fraudulent way;

             B) use a benefit in a manner which constitutes a breach of any law;

             C) commit a material breach of these Terms & Conditions; or

             D) become bankrupt; and

     ii) terminate your Salary Packaging Arrangement or alter the way those arrangements are being administered if there is a change in any applicable law and FleetPartners determine that the provision of your Salary                   Packaging Arrangement, is no longer compliant with any applicable law.

(d) On cessation of your employment, you acknowledge that:

     i) you will not be entitled to receive final termination pay from your employer until FleetPartners has provided a reconciliation of your Salary Packaged Benefits to your employer; and

     ii) FleetPartners may immediately cease provision of your Salary Packaging Arrangement or benefit to you. You will be fully responsible to meet any outstanding commitments from the date of such cessation.

(e) On cessation of your Salary Packaged Benefits:

     i) FleetPartners will perform a reconciliation and:

           A) if there is a credit balance after the reconciliation, this balance will be returned to your employer and paid back to you as assessable income and subject to Pay As You Go Withholding (superannuation                            contributions may also be required); or

           B) if there is a debit balance after the reconciliation, you remain liable to your employer for any outstanding amounts owed at cessation, or at the end of any FBT Year;

     ii) you remain liable to your employer for any outstanding amount owed by you on cessation of your Salary Packaged Benefits benefit or at the end of any FBT Year; and

     iii) FleetPartners may immediately cease provision of your salary packaging or benefit to you. You will be fully responsible to meet any outstanding commitments from the date of such cessation.

(f) At the end of an FBT Year, Salary Packaged Benefits, benefit termination or otherwise, if it is calculated that an employee has made an after-tax contribution in excess of what is required to reduce the Fringe Benefits Tax liability for their Salary Packaged Benefits to nil:

     i) if the relevant Salary Packaged Benefit continues beyond the FBT Year, the excess after-tax contributions will be rolled over into the new FBT Year such that the employee’s post-tax contribution for that FBT Year will          be reduced; or

     ii) if the relevant Salary Packaged Benefit does not continue beyond the FBT Year, the excess after-tax contributions will be refunded to the employee as part of the reconciliation process.

7. Account administration

(a) If you are eligible to make capped benefits claims, FleetPartners does not guarantee that any such claims lodged after the 28th February in any FBT Year will be processed prior to the end of that FBT Year. 

(b) Where you request an amount from your salary to be deducted for a specific benefit in a pay period and this amount exceeds your actual allowable base salary for that pay period, no deduction of funds will then be guaranteed and FleetPartners will not be liable or responsible for any associated loss (including but not limited to any tax or interest loss).

8. Fringe Benefits Tax

(a) You agree to compensate FleetPartners and/or your employer, either by way of additional pre-tax salary deduction or direct payment, for any Fringe Benefits Tax amounts payable in relation to your salary packaging activities.

(b) FleetPartners will perform, on an annual basis, a reconciliation between the collected Fringe Benefits Tax and the calculated liability to pay Fringe Benefits Tax for each benefit type provided to you and will report such results of this reconciliation to your employer.

(c) You are responsible for any outstanding amounts of Fringe Benefits Tax. Fringe Benefits Tax liabilities will be payable by you through salary deductions, direct credit, or a direct debit arrangement. If you disagree with the amount of Fringe Benefits Tax payable in a relevant FBT Year, you must notify FleetPartners within 21 days of the end of the relevant FBT Year.

(d) Nothing in this clause 8 makes you liable for any Fringe Benefits Tax amounts payable due to a breach of these Terms & Conditions by, or the negligence of, FleetPartners.

9. GST

(a) To the extent GST applies to benefits provided and may be able to be recovered, you must provide FleetPartners with a Valid Tax Invoice with respect to those benefits.

(b) Overpayment of GST on contributions will not be refunded on Salary Packaged Benefits, including on benefit termination

10. Suspension for non-payment

If you or your employer fails to make any payment due to FleetPartners, FleetPartners may, with notice to you, suspend your Salary Packaging Arrangement to which that overdue payment relates unless and until all such overdue payments are made to FleetPartners.

11. Additional Superannuation Contributions

(a) In relation to the superannuation Concessional Contributions Cap as may be set by the Australian Taxation Office from time to time, FleetPartners will bear no loss or any responsibility resulting from any breach of the requirements by you related to those superannuation Concessional Contributions Caps or from any contributions made in excess of the superannuation Concessional Contributions Caps though your Salary Packaged Benefits. 

(b) You agree to monitor the requirements for, and values of, the applicable superannuation Concessional Contributions Caps and make adjustments to your Salary Packaged Benefits where required to comply with those.

12. Acknowledgments

You acknowledge and agree that:

(a) any amounts that have been salary sacrificed cannot be claimed as a tax deduction on your income tax return;

(b) subject to clause 15, and to the maximum extent permitted by applicable law, FleetPartners’ liability is limited in respect of all other loss, damage or injury of any kind whatsoever (including any direct, indirect or consequential loss or damage, loss of profits or loss of opportunity) arising in connection with a Salary Packaging Arrangement, including as a result of any negligence, misrepresentation, or other default on the part of FleetPartners, its officers, employees, agents or contractors or otherwise, to the value paid by the you for the Salary Packaging Arrangement services giving rise to the loss, damage or injury;

(c) only benefits identified in an approved list of benefits notified by FleetPartners on its website and updated from time to time or benefits otherwise approved by your employer may be Salary Packaged Benefits through FleetPartners.

(d) your Salary Packaging Arrangements do not include the provision of financial or taxation advice to you;

(e) FleetPartners is not (and will not be) your agent, or otherwise act in a trustee or fiduciary capacity on your behalf;

(f) you are responsible for any tax or penalties relating to the Salary Packaged Benefits, whether or not they arise as a result of non-compliance with relevant laws or regulations;

(g) FleetPartners (and its affiliates) may receive commissions, rebates or other payments or benefits from third party providers of goods and services who provide such goods and services to you as part of your Salary Packaged Benefits;

(h) FleetPartners is not required to make payments for benefits forming part of your Salary Packaged Benefits or otherwise if there are insufficient funds provided to it by your employer and will not be liable for any penalties, interest or other charges payable due to any delay in payment resulting from insufficiency of funds;

(i) all information provided by you to FleetPartners is true and accurate and where any incorrect bank account information is provided, any bank fees and administration costs resulting from that error will be charged to you;

(j) you have read the rules for each benefit provided by FleetPartners as part of your Salary Packaging Arrangements from time to time and will abide by those rules; and

(k) these Terms & Conditions are updated from time to time by FleetPartners and we will notify you in writing of any substantial amendments. By continuing your Salary Packaging Arrangements, you are deemed to accept these changes and you are bound by the most current version of the Terms & Conditions published on FleetPartners’ website. If you disagree with any such changes to the Terms & Conditions, you can elect to discontinue your Salary Packaging Arrangements and terms of the Terms & Conditions applicable immediately prior to the termination will apply to the relationship between you and FleetPartners.

13. Authorisation to FleetPartners

You authorise FleetPartners or its affiliates to:

(a) contact you about its products and services in accordance with the Privacy Policy;

(b) in its discretion, change the cash and other components of your Salary Packaged Benefits by providing you with notice but without specific authorisation from you so as to ensure that the Salary Packaged Benefits selected and notified by you to FleetPartners are able to be provided and that any of your contribution to the taxable value of a benefit can be satisfied;

(c) adjust salary deductions in accordance with benefits packaged by direct interface with your employer’s payroll and with notice to you;

(d) direct your employer to pay additional monies from your salary to FleetPartners by providing you with notice but without specific authorisation by you if such additional sums are required in order to pay for the benefits making up your Salary Packaged Benefits; and

(e) record any telephone conversation(s) between you and FleetPartners in accordance with the Privacy Policy.

14.Governing law and jurisdiction

The laws of the State of Victoria shall govern these Terms & Conditions and the parties submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia.

15. Australian Consumer Law

These Terms & Conditions do not exclude, restrict or modify the application of any provision of the Australian Consumer Law, the exercise of any right to remedy conferred under the Australian Consumer Law, or the liability of FleetPartners for a failure to comply with any applicable consumer guarantees where to do so would contravene the Australian Consumer Law or cause any part of any clause to be void.

Administration Fee means the administration fee payable in respect of the provision of Salary Packaging Arrangements, as determined by your employer.
Australian Consumer Law means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
Business Day means a weekday on which banks are open for business in Melbourne, Australia.
Employer Agreement means the agreement for the provision of salary packaging services between FleetPartners and your employer.
FBT Year means the period from 1 April of one calendar year to 31 March of the next calendar year.
FleetPartners means Fleet Partners Pty Ltd (ABN 63 006 706 832).
Fringe Benefit and Fringe Benefits Tax have the meanings given to them in the Fringe Benefits Tax Assessment Act 1986 (Cth). 
GST has the meaning given to it in A New Tax System (Goods and Services Tax Act) 1999 (Cth).
Pay As You Go Withholding has the meaning given to it in Taxation Administration Act 1953 (Cth). 
Privacy Policy means FleetPartners’ privacy policy from time to time, available at www.fleetpartners.com.au/privacy-policy, which contains information about how you can access and correct your personal information, how to make a complaint, and how FleetPartners deals with complaints.
Salary Packaged Benefits means the Fringe Benefits provided to you by your employer and administered by FleetPartners.
Salary Packaging Arrangement means the arrangement between you and your employer where the Salary Sacrifice Amount is withheld towards your Salary Packaged Benefits.
Salary Sacrifice Amount means the amount of your salary or wages that will be deducted to meet the cost of any Salary Packaged Benefits. The Salary Sacrifice Amount will include any GST, Fringe Benefits Tax, and any other taxes, duties, levies or imposts that arise as a result of you receiving Salary Packaged Benefits.
Concessional Contributions Cap has the meaning given to it in Income Tax Assessment Act 1997 (Cth). 

 

Terms & Conditions means these terms and conditions.

Valid Tax Invoice means a document that is in English and contains the following information:

(a) that the document is intended to be a tax invoice;

(b) the seller's identity;

(c) the seller's Australian business number (ABN);

(d) the date the invoice was issued;

(e) a brief description of the items sold, including the quantity (if applicable) and the price;

(f) the GST amount (if any) payable – this can be shown separately or, if the GST amount is one-eleventh of the total price, as a statement such as 'Total price includes GST;

(g) the items on the invoice where GST in include and the items that are GST free.is in English; and

(h) for sales of $1,000 or more, the buyer’s identity, including their name and address.