AP789881CRV - The Metal, Engineering and Associated Industries (Accident Pay, Victoria) Award 1998
1.3.1 In this award:
“Act” means the Accident Compensation Act 1985 (Victoria) as amended from time to time;
“incapacity” has the same meaning and application used in the Act;
“injury” has the same meaning and application used in the Act. If an injury does not attract an entitlement to compensation under the Act there is no entitlement to accident pay;
“current work capacity” has the same meaning and application used in the Act;
“no current work capacity” has the same meaning and application used in the Act;
“week(s)” means any week in which accident pay is paid even if a payment is for only part of the week; and
“weekly payment(s)” has the same meaning and application used in the Act.
1.3.2 For an employee with no current work capacity, “accident pay” means the difference between the weekly payment made in respect of the employee and an amount equal to the wages the employee would have received for the ordinary time the employee would have worked with the employee’s employer performing the employee’s normal duties, in the employee’s normal classification, for the week in question, provided that this rate includes the ship repair allowance set out in paragraph 5.9.1(b) of the Metal, Engineering and Associated Industries Award, 1998 Part I, but excludes payments by way of:
1.3.2.1 attendance bonuses;
1.3.2.2 shift premiums;
1.3.2.3 overtime payments;
1.3.2.4 foundry allowance;
1.3.2.5 fares and travelling allowance;
1.3.2.6 multi-storey allowance;
1.3.2.7 site disability allowance;
1.3.2.8 special rates or other similar payment.
1.3.3 For an employee with current work capacity, “accident pay” means the difference between the weekly payment made in respect of the employee together with any ordinary time payments made for any work undertaken and an amount equal to the wages the employee would have received for the ordinary time the employee would have worked with the employee’s employer performing the employee’s normal duties, in the employee’s normal classification, for the week in question, provided that this rate includes the ship repair allowance set out in paragraph 5.9.1(b) of the Metal, Engineering and Associated Industries Award, 1998 Part I, but excludes payments by way of:
1.3.3.1 attendance bonuses;
1.3.3.2 shift premiums;
1.3.3.3 overtime payments;
1.3.3.4 foundry allowance;
1.3.3.5 fares and travelling allowance;
1.3.3.6 multi-storey allowance;
1.3.3.7 site disability allowance;
1.3.3.8 special rates or other similar payments.
