AN120089 – Building and Construction Industry (State) Award
26.1 This clause shall apply to all employees covered by this award and the circumstances under which an employee shall qualify for accident pay shall be prescribed hereunder.
26.2 The employer shall pay an employee accident pay where the employee receives an injury for which weekly payments or compensation are payable by or on behalf of the employer pursuant to the provisions of the relevant Workers Compensation Legislation as amended from time to time.
26.3 Accident pay means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the said relevant Workers Compensation Legislation and the employees appropriate 38 hour award rate and accrued entitlements prescribed by clauses 27 or 30 of this award, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said award rate for that period.
26.4 An employer shall pay or cause to be paid accident pay as defined in subclause 26.3 hereof during the incapacity of the employee arising from any one injury for a total of 26 weeks whether the incapacity is in one continuous period or not.
26.5 The liability of the employer to pay accident pay in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the said relevant workers compensation legislation and the termination of the employees employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident pay as provided in this clause.
26.6 In the event that an employee receives a lump sum in redemption of weekly payments under the said relevant legislation, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.
26.7 An employer may at any time apply to the Industrial Relations Commission of New South Wales for exemption from the terms of this clause on the grounds that an accident pay scheme proposed and implemented by that employer contains provisions generally not less favourable to the employees than the provisions of this clause.
