AP799111 - Tugboat Industry Award 1999
16.1 An employer will pay, and an employee will be entitled to receive, accident make up pay in accordance with this clause.
16.2 Accident makeup pay means a weekly payment of an amount, being the difference between the weekly amount of compensation paid to an employee, and the weekly aggregate wage to which the employee is entitled in the classification under which the employee is employed at the date of injury, or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the award rate for that period.
16.3 An employer will pay its employee accident makeup pay if the employee receives an injury for which compensation is payable by or on behalf of the employer pursuant to the provisions of applicable workers compensation legislation.
16.4 An employer will pay accident makeup pay during the incapacity of the employee within the meaning of the applicable legislation, until the incapacity ceases, or until the expiration of a period of 52 weeks from the date of injury, whichever event first occurs.
16.5 The termination of the employee's employment for any reason during the period of incapacity will not affect the liability of the employer to pay accident pay under this clause.
16.6 An employee will not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave, or for any paid public holiday.
16.7 If an employee receives a lump sum payment in redemption of weekly payments under the legislation, the liability of the employer to pay accident makeup pay under this clause ceases from the date of the redemption.
16.8 If the employee recovers damages from the employer or from a third party in respect of the injury, independently of the legislation, the employee must repay to the employer the amount of accident makeup pay which the employer has paid under this clause, and the employee will not be entitled to any further accident pay.
