AP802001CRV - Victorian Independent Schools - Teachers - Award 1998

PART 7 - OTHER EMPLOYMENT MATTERS 

33. ACCIDENT MAKE-UP PAY

33.1 Definitions

For the purposes of this clause:

Relevant Act means in respect of an injury occurring prior to 4 p.m. on 31 August 1985 the Workers’ Compensation Act 1958 or, in any other case, the Accident Compensation Act 1985 as amended from time to time;

Injury has the same meaning as applies under the Relevant Act;

Incapacity has the same meaning as applies under the Relevant Act.

33.2 Entitlement to accident make-up pay

33.2.1 Subject to 33.3, 33.4 and 33.5, the employer will pay a teacher accident make-up pay if the teacher suffers an injury compensated under the Relevant Act.

33.2.2 Accident make-up pay will be calculated as follows:

(a) for each day that the teacher is or is deemed to be totally incapacitated, the teacher will be paid an amount representing the difference between the teacher’s remuneration, including the total weekly award rate and any weekly overaward payments, at the date of the injury together with any variation in award rates, and the amount of compensation payable under the Relevant Act for the day in question;

(b) for each day that the teacher is partially incapacitated, the teacher will be paid an amount representing the difference between the teacher’s remuneration, including the total weekly award rate and any weekly overaward payments, at the date of the injury together with any variation in award rates, and the amount of compensation payable under the Relevant Act for the day in question together with the amount the teacher is earning or is able to earn in some suitable employment (as defined by the Relevant Act or as agreed between the parties).

33.3 Eligibility for accident make-up pay

In order for a teacher to be eligible for accident make-up pay in accordance with 33.2:

(a) the teacher, or a representative of the teacher, must give notice in writing of the injury to the employer as soon as reasonably practicable;

(b) the teacher must furnish evidence of the injury from time to time as required by the employer during the period of payment;

(c) the teacher must advise the employer of any civil action or claim for damages the teacher may make;

(d) the teacher must attend medical examinations by a legally qualified medical practitioner, provided and paid for by the employer, as required by the employer in accordance with the Relevant Act; and

(e) the teacher must authorise the employer to obtain any information concerning the injury or compensation payable with respect to the injury from the insurance company that is liable to pay such compensation.

33.4 When entitlement ceases

A teacher will cease to be entitled to accident make-up pay if any of the following occur:

(a) the teacher ceases to be compensated under the Relevant Act;

(b) the teacher obtains a judgment or settlement for damages in respect of the injury from a third party;

(c) there is redemption of weekly compensation payments by the payment of a lump sum benefit under the Relevant Act;

(d) the partially incapacitated teacher fails to take reasonable steps to find alternative employment;

(e) accident make-up pay has been paid for 39 weeks in respect of the same injury;

(f) the teacher dies.

33.5 Effect of termination of employment

Termination of the employment of a teacher otherwise entitled to accident make-up pay does not affect the teacher’s entitlement except where:

(a) the termination is due to serious misconduct by the teacher; or

(b) a partially incapacitated teacher voluntarily terminates the teacher’s employment in circumstances where the employer is able and willing to offer the teacher suitable employment.

33.6 Accident make-up pay not payable

Accident make-up pay will not be payable:

(a) during the first five (5) working days of incapacity;

(b) during the first two (2) weeks of employment;

(c) where the incapacity arises from an industrial disease contracted by a gradual process and, at the time of the incapacity, the teacher has been employed for less than four (4) weeks; or

(d) if the teacher is on paid leave.