AP814932 - Professional Divers' - Maritime Union of Australia Award 2002
18.1 An employer shall pay an employee accident pay where the employee received an injury for which weekly payments or compensation are payable by or on behalf of the employer pursuant to the provisions of the appropriate Workers' Compensation Act or Accident Compensation Act.
18.2 "Accident Pay" 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, or Accident Compensation Act and the employee's appropriate ordinary 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.
18.3 An employer shall pay, or cause to be paid, accident pay during the incapacity of the employee within the meaning of the said acts until such incapacity ceases, until payments of compensation cease, or until the expiration of 52 weeks from the date of injury, whichever event shall first occur.
18.4 The liability of the employer to pay accident pay in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate Acts, and the termination of the employees employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident pay as provided in this clause.
18.5 In the event that the employee receives a lump sum in redemption of weekly payments under the said Acts, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.