AP792504 - Pest Control Industry (Victoria) Award 2000
17.1 Leading hands
[17.1 varied by S9608 PR905773 PR919716 PR931688 PR947438 PR960146; corrected by PR975702; varied by PR975386 PR979662; PR986399 from 06Apr09]
The following additional allowances shall be paid to persons in charge of:
3 to 10 employees |
$23.25 per week |
11 to 21 employees |
$34.77 per week |
21 and more employees |
$47.20 per week |
17.2 Verminous/decomposed human body
[17.2 varied by S9608 PR905773 PR919716 PR931688 PR947438 PR960146 PR975386 PR979662; PR986399 from 06Apr09]
An employee required to treat a verminous or decomposed human body shall be paid $69.73 extra on each occasion.
17.3 Home telephone
Where an employee is required by the employer to have a telephone connected to the employee’s place of residence to be used by that employee during the course of the employee’s duties, the employer shall pay the cost of rental and installation of such telephone.
17.4 First aid
[17.4 varied by S9608 PR905773 PR919716 PR931688 PR947438 PR960146 PR975386 PR979662; PR986399 from 06Apr09]
When an employee is required by the employer to act as first-aid attendant, the employee shall be paid $12.35 per week in addition to the employee’s ordinary rate. Employees shall be reimbursed for the cost and maintenance of a first aid kit upon presentation of receipts, if not provided by the employer.
17.5 Special allowances for work performed in fumigation depots
[17.5.1 varied by S9608 PR905773 PR919716 PR931688 PR947438 PR960146 PR975386 PR979662; PR986399 from 06Apr09]
17.5.1 An allowance of $5.42 per day shall be paid for work performed in, or in connection with, fumigation depots carrying out the process of tent, vacuum tank or container fumigation.
17.5.2 This allowance is paid in recognition of all disabilities encountered by operators working in fumigation depots.
17.6 Laundry allowance
[17.6 varied by PR919716 PR931688 PR947438 PR960146 PR975386 PR979662; PR986399 from 06Apr09]
All employees shall be paid a laundry allowance of $20.07 per week in addition to their ordinary weekly wage.
17.7 Meal allowance
[17.7 varied by PR919716 PR931688 PR947438 PR960146 PR975386 PR979662; PR986399 from 06Apr09]
17.7.1 An employee required to work overtime for more than two hours, Monday to Friday or afternoon on a Saturday without being notified on the previous day or earlier that the employee will be required to work shall either be supplied with a meal by the employer or paid $10.94 for each meal.
17.7.2 Unless the employer advises the employee on the previous day or earlier that the amount of overtime to be worked will necessitate the partaking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed.
17.7.3 If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee shall be paid as above prescribed for meals which the employee has provided but which are surplus.
17.8 Reimbursement of licence fees
17.8.1 The employer shall reimburse an employee the cost to that employee of any licence, other than a driving licence, required to be held by an employee in order to carry out their duties.
17.8.2 Provided that in the case of employees provisionally licensed the cost of that licence is to be reimbursed to the employee on the employees satisfactory completion of the training course.
17.9 Motor vehicle allowance
[17.9 varied by PR919716 PR931688 PR975386; PR986399 from 06Apr09]
An employee who by agreement with the employer uses the employee’s own motor vehicle in the course of the employer's business shall be paid an allowance of $0.71 per kilometre travelled.
17.10 Travelling allowance and fares
17.10.1 An employee who is required to travel direct from the employee’s home to the job shall be:
17.10.1(a) reimbursed for the fates in excess of the fares usually incurred in travelling to work, and
17.10.1(b) paid travelling time, calculated at the employee’s ordinary time rate of pay, in excess of the time usually spent in travelling from the employee’s home.
[17.10.2 varied by PR919716 PR931688 PR947438 PR960146 PR975386 PR979662; PR986399 from 06Apr09]
17.10.2 An employee sent to country work shall be paid an allowance of $79.80 per night to cover the costs of lodging and all meals (dinner-bed-breakfast), or provided with board and lodging as agreed between the employer and employee.
17.10.3 Time occupied in travelling to and from country work shall be paid for at ordinary rates in addition to wages other wise earned, provided that an employee shall not be paid for more than eight hours occupied in travelling in any one day.
17.10.4 A day for the purpose of this subclause shall mean from midnight on one day to midnight on the next day.
[17.10.5 varied by PR919716 PR931688 PR947438 PR960146 PR975386 PR979662; PR986399 from 06Apr09]
17.10.5 When employees are sent from one place to another, as prescribed by this clause, they shall be allowed $7.08 for each meal. Such allowance will not be payable if provided for under 17.7 hereof.
17.10.6 Where transport is not provided by the employer, all employees shall be entitled to travel to and from country work on terms agreed between the employer and the employee.
17.10.7 Country work shall mean employment at a place which require the employee to live away from their usual place of residence.
17.11 Accident pay
17.11.1 Where an entitlement to accident make-up pay arises under this award any reference to the Act shall be deemed to be a reference to the Accident Compensation (Workcover) Act 1992 (Victoria), to the Accident Compensation Act 1985 (Victoria) and to the Workers Compensation Act 1958 (Victoria).
17.11.2 The employers and employees shall positively support measures which may be implemented from time to time in the industry covered by this award for the adoption and maintenance of safe working practices and conditions; and that they shall co-operate in programmes designed to provide for the early and effective rehabilitation of injured employees.
17.11.3 Supersession of existing accident pay schemes
17.11.3(a) This clause shall not apply where the employer has already provided for the payment of accident pay to employees on certain terms and conditions under an Accident Pay Scheme (hereinafter referred to as the "scheme") unless, as provided hereinafter the employees elect that the provision of this clause shall apply in lieu of the scheme.
17.11.3(b) In the event of such election the provisions of this clause shall apply without modification or qualification not later than one month from the date of such election or the commencement date of this award whichever is the later.
17.11.4 Definitions
The words hereunder shall bear the respective definitions set out herein:
17.11.4(a) Total incapacity
17.11.4(a)(i) In the case of an employee who is deemed to be totally incapacitated within the meaning of the Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the Act for the week in question and the total 38-hour weekly rate and weekly overaward payment for a day worker which would have been payable under this award for the employee's normal classification or work for the week in question if the employee had been performing normal duties;
17.11.4(a)(ii) Provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments.
17.11.4(b) Partial incapacity
17.11.4(b)(i) In the case of an employee who is deemed to be partially incapacitated within the meaning of the Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the Act for the period in question together with the average weekly amount the under the employee is earning or is able to earn in some suitable employment or business (as determined under the Act) and the total 38-hour weekly rate and weekly over-award payment for a day worker which would have been payable under this award for the employee's normal classification of work for the week in question if the employee had been performing normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, fares and travelling allowance, special rates or other similar payments.
17.11.4(b)(ii) The total 38-hour weekly award rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to the Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect of that injury.
17.11.4(b)(iii) For the purposes of the calculation of the total 38-hour weekly award rate and weekly over-award payment in 30.6.1 and 30.6.2 hereof payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payments production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of the Avoidance of Industrial Disputes clause of this award.
17.11.4(c) Payment for part of a week - Where an employee received accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata.
17.11.4(d) Injury shall be given the same meaning and application as applying under the Act, and no injury shall result in the application of accident pay unless an entitlement exists under the Act.
17.11.5 Qualifications for payment
17.11.5(a) Always subject to the terms of this clause, an employee covered by this award shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act be paid accident pay by the employer who is liable to pay compensation under the Act, which said liability by the employer for accident pay may be discharged by another person on the employer’s behalf, provided that:
17.11.5(b) Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom the employee was employed at the time of the incapacity and then only for such period as the employee receives a weekly payment under the Act.
17.11.5(c) Provided that if an employee on partial incapacity cannot obtain suitable employment from the employer but such alternative employment is available with another employer, then the relevant amount of accident pay shall still be payable.
17.11.5(d) Provided further that in the case of the termination by an employer of an employee who is incapacitated and who except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:
17.11.5(d)(i) the termination is due to serious and/or wilful misconduct on the part of the employee; or
17.11.5(d)(ii) arises from a declaration of liquidation of the company in which cases the employee's entitlement in the absence of agreement shall be referred to this Commission to determine.
17.11.5(e) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly workers compensation payments.
17.11.5(f) Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to 17.11.5(h) hereof and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks.
17.11.5(g) Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration as provided in by the Act, such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.
17.11.5(h) Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
17.11.5(i) An employee on engagement may be required to declare all workers compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employer may require the employee to forfeit any entitlement to accident pay under this clause.
17.11.6 Maximum period of payment
17.11.6(a) The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 26 weeks for any one injury as defined in 17.11.4(d) hereof.
17.11.6(b) Provided further that in respect of an employee receiving or entitled to receive accident pay on or after 1 January 1974, the aforesaid maximum period or periods shall be a total of 52 weeks for any one injury as defined.
17.11.7 Absences on other paid leave
An employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence.
17.11.8 Notice of injury
An employee upon receiving an injury for which the employee claims to be entitled to receive accident pay shall give notice in writing of the said injury to the employer as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
17.11.9 Medical examination
17.11.9(a) In order to receive entitlement to accident pay an employee shall conform to the requirements of the Act as to medical examination.
17.11.9(b) Where in accordance with the Act a medical referee gives a certificate as to the condition of the employee and the employee’s 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 pay shall cease from the date of such refusal or failure to commence the work.
17.11.10 Redemption of weekly payments
Where there is a redemption of weekly compensation payments under the Act, the employer's liability to pay accident pay shall cease as from the date of such redemption.
17.11.11 Civil damages claims
17.11.11(a) An employee receiving or who has received accident pay shall advise the employer of any action the employee may institute or any claim the employee may make for damages. Further the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury.
17.11.11(b) Where an employee obtains a judgment or settlement for damages in respect of an injury for which the employee has received accident pay the employer's liability to pay accident pay shall cease from the date of such judgment or settlement; provided that if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer, the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced.
17.11.11(c) Where an employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has been received accident pay, the employer's liability to pay accident pay shall cease from the date of such judgment or settlement; provided that if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced.
17.11.12 Insurance against liability
Nothing in this award shall require an employer to insure against liability for accident pay.
17.11.13 Variation in compensation rates
Any changes in compensation rates under the Act shall not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.
17.11.14 Death of employee
All rights to accident pay shall cease on the death of an employee.
17.11.15 Disputes
In the event of any dispute arising out of the provisions of this clause, the matter shall be determined in accordance with clause 11 – Procedures for the avoidance of industrial disputes, of this award.
