AP782505CR - Graphics Arts - General - Award 2000
APPENDIX C - WORKERS' COMPENSATION MAKE-UP PAY
1. AREA OF OPERATION
This appendix will only apply in New South Wales and Victoria.
2. DEFINITIONS
For the purpose of this appendix the following definitions apply: -
2.1 Act means:-
2.1.1 in New South Wales, The Workers' Compensation Act 1987 (as amended).
2.1.2 in Victoria, the Workers' Compensation Act 1958 (as amended) and for all injuries occurring on or after 4.00 p.m., 31 August 1985, the Accident Compensation Act 1985 (as amended).
2.2 Injury means an “injury” under the Act (including but without limitation in New South Wales an injury received during daily or periodic journeys as defined by Section 15 of the Act) and no injury will result in the application of this appendix unless an entitlement exists under the Act or its predecessors.
2.3 Suitable employment means employment with the employer who employed the employee at the time of the injury which is suitable as agreed between the parties or by a legally qualified medical practitioner provided by and paid for by the employer (or paid for by the relevant workers compensation insurer or authority).
2.4 Injury of gradual onset means:-
2.4.1 In New South Wales an injury with in the meaning of Section 15 of the Act.
2.4.2 In Victoria an injury within the meaning of subsection (a) and (b) of Section 3(1) of the definition of injury contained in the Workers Compensation Act 1958 or in Section 5(1) of the Accident Compensation Act 1985.
3. ACCIDENT MAKE-UP PAY
[Appx C:3 corrected by S2976 from 01Feb00]
Where a employee (other than a casual employee) is incapacitated and in receipt of workers compensation payments and has been absent from work because of an injury as defined in the Act for a period of five days or more, the employee will receive accident make-up pay from the first day of the absence from work and continuing in accordance with clause 3 of this appendix. Accident makeup pay is not payable in respect of an injury sustained in the first two weeks of employment and where the injury is one of gradual onset (unless the employee has been employed by the employer for a period of three months at the commencement of the incapacity.)
3.1 How much does the employee receive when totally incapacitated?
3.1.1 The employer must pay to the employee the difference per week between the employee’s pre-injury earnings and the amount of workers compensation under the Act received by the employee.
3.1.2 Pre-injury earnings do not include payments for overtime, shift or other allowances which are not usually payable to the employee when the employee is not working.
3.2 How much does the employee receive when partially incapacitated and performing suitable employment or is working reduced hours?
The employer must pay to the employee the difference between the employee’s average pre-injury earnings (as set out in cl.3.1) and the amount of workers’ compensation paid to the employee under the Act plus any amount earned by the employee from such suitable employment or from working those reduced hours.
4. HOW LONG DOES THE EMPLOYEE RECEIVE PAYMENT OF ACCIDENT MAKE-UP PAY?
[Appx C:4 substituted by PR914081 ppc 05Feb02]
The employee may receive accident make-up pay for a total or aggregate period of:
in New South Wales |
26 weeks; or |
in Victoria |
39 weeks |
during which the employee is incapacitated from any one injury unless:
4.1 the employee dies or is no longer incapacitated;
4.2 the employer becomes insolvent or goes into liquidation;
4.3 the employee’s employment is terminated or ceases provided that no employee will be terminated for the sole purpose of avoiding payment of accident pay;
4.4 an employee is absent on other paid leave (whether annual or long service leave or public holiday leave);
4.5 the employee is absent from work due to a strike or other interruption of work in the section or sections of the plant in which the employee is normally employed;
4.6 the employee refuses or fails to commence or perform suitable employment offered by the employer.
5. MEDICAL EXAMINATION
[Appx C:5 corrected by S2976 from 01Feb00]
In order to receive an entitlement to accident make-up pay an employee must conform to the requirements of the Act as to medical examination. Where, in accordance with the Act a medical referee gives a certificate as to the condition of the employee and fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee or the employee fails to commence the work, accident make-up pay will cease from the date of such refusal or failure to commence the work.
6. DUTY TO DECLARE PREVIOUS CLAIMS
An employee on engagement may be required to declare all workers' compensation claims or accident compensation claims made in the previous five years but only to the extent that such claims are relevant to the duties performed by the employee. If false or inaccurate information is deliberately or knowingly declared, the employee will forfeit their entitlement to accident pay under this appendix.
