AP824979 - Clerks’ (Capral Aluminium Limited) Award 2003

23. MAKE UP PAY ON WORKERS’ COMPENSATION

23.1 Any employee covered by this award who is receiving workers’ compensation payment under the relevant State Act will continue to receive during the period of absence on such workers’ compensation their ordinary rate of pay.

23.2 The employer shall make up the difference received by the employee from the relevant insurer and the ordinary rate of pay received by the employee.

23.3 The employer reserves the right to discontinue such payments in the event of such absence from work on workers’ compensation as outlined continuing beyond 39 weeks.

23.4 The employer reserves the right to discontinue such payments in the event of such absences from work on workers’ compensation as outlined continuing beyond 52 weeks. Notwithstanding the foregoing in the State of New South Wales the provision of the New South Wales Workers’ Compensation Act (as amended) shall apply and or the first 26 of the 39 weeks or 52 weeks of such absences as the case may be, the difference shall be paid direct from the insurer to the employee and the company shall only be liable to make up the difference for the balance of the 39 weeks or 52 weeks, that is, 13 weeks make up pay or 26 weeks make up pay as the case may be. In addition this total provision shall only apply to a continuous period of absence on workers’ compensation and shall not be accumulative for “broken periods” on such absences.