AP799690 - Transport Workers’ (Oil Companies) Award 1998

PART 8 – OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENITIES 

29. ACCIDENT PAY - MAKE UP OF PAY

29.1 This clause shall apply only in respect of incapacity which results from an injury received on or after 6 November 1978. The make-up payment prescribed in 29.4 hereof shall apply only in respect of an incapacity which resulted from an injury which was current during the first pay period which commenced on or after 1 August 1980, or which occurred subsequent to that pay period.

29.2 Accident make-up payment means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the said appropriate Workers Compensation Act and the employee’s appropriate award rate, 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.

29.3 An employer shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation, is payable by, or on behalf of, the employer pursuant to the provisions of the appropriate Workers Compensation Act, as amended from time to time.

29.4 An employer shall pay, or cause to be paid, accident make-up payment during the period of incapacity of the employee until such incapacity ceases, provided that the maximum period or aggregate of periods of accident make-up payment shall be a total of 52 weeks in respect to any one injury for the purposes of calculating the 52 weeks of incapacity under this subclause, any period of rehabilitation under a relevant Workers Compensation Act shall be deemed to be a period of incapacity.

29.5 The liability of the employer to pay accident make-up payment in accordance with the clause shall arise as at the date of the injury or accident in respect of which compensation in payable, under the said appropriate Act, and the termination of the employee’s employment for any reason during the period of any incapacity shall not, in any way, affect the liability of the employer to pay accident make-up payment as provided in this clause.

29.6 In the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Act, the liability of the employer to pay accident make-up payment as herein provided shall cease from the date of such redemption.

29.7 An employer may, at any time, apply to the Australian Industrial Relations Commission for exemption from the terms of this clause on the grounds that an accident make-up payment scheme proposed and implemented by that employer contains provisions generally not less favourable to the employees than the provisions of this clause.