AP820387 - Clerks’ (Oil Companies) Award 2002

24. ACCIDENT PAY - MAKE-UP OF PAY

24.2 The circumstances under which an employee will qualify for accident make-up payment will be as follows:

24.2.1 An employer will pay an employee accident make-up payment where the employee receives an injury for which weekly payment of compensation is payable by, or on behalf of, the employer pursuant to the provisions of the appropriate workers’ compensation legislation, as amended from time to time.

24.2.2 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 legislation 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.

24.2.3 An employer will 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 will be a total of 52 weeks in respect of any one injury. For the purposes of calculating the 52 weeks of incapacity under this subclause, any period of rehabilitation under relevant workers’ compensation legislation will be deemed to be a period of incapacity.

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

24.2.5 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 will cease from the date of such redemption.

24.2.6 An employer may, at any time, apply to the AIRC for exemption from the terms of this clause on the grounds that an accident make-up payment scheme proposed and implemented by the employer contains provisions generally not less favourable to his/her employees than the provisions in this clause.