AP818456CRV - Wool Scourers and Carbonisers Award 2002

PART 8 - ACCIDENT PAY AND POSTING OF AWARD 

35. ACCIDENT PAY

35.1 Where an employee becomes entitled to weekly compensation payments pursuant to the relevant accident compensation act presently in force in the States and areas covered by this award (“the Act”), the employer will pay to the employee an amount equivalent to the difference between:

35.1.1 the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and

35.1.2 the amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties. The rate to be paid to the employee will exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments but will not exclude piece or bonus work earnings during ordinary hours.

35.2 Accident make-up pay shall not apply:

35.2.1 in respect of any injury during the first five normal working days of incapacity;

35.2.2 to any incapacity occurring during the first three weeks of employment unless that incapacity continues beyond the first three weeks;

35.2.3 during any period when the employee fails to comply with the requirements of the Act with regard to examination by a legally qualified medical practitioner;

35.2.4 where the injury for which the employee is receiving weekly compensation payments is a pre-existing injury which work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration and the employee failed to disclose the injury on engagement following a request to do so by the employer in circumstances where the employee knew or ought to have known about the nature of the injury;

35.2.5 where in accordance with the Act a medical practitioner provides information to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and that work is made available by an employer but not commenced by an employee;

35.2.6 when the claim has been commuted or redeemed in accordance with the Act; or

35.2.7 in respect of any period of annual leave, long service leave or for any paid public holiday.

35.3 The maximum period or aggregate of periods of accident make-up pay to be made by an employer will be a total of 39 weeks for any one injury.

35.4 Where an employee receives a weekly payment under this section and subsequently that payment is reduced pursuant to the Act, that reduction will not render the employer liable to increase the amount of accident pay in respect of that injury.

35.5 An entitlement to accident make-up pay ceases on termination of the employee’s employment, except where such termination:

35.5.1 is by the employer other than for reason of the employee’s serious and wilful misconduct; or

35.5.2 arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee’s entitlement shall be referred to the Australian Industrial Relations Commission to determine.