AP839983 - Airline Operations - Licensed Aircraft Engineers - Qantas Airways Limited - Award 2005
PART 8 - OCCUPATIONAL HEALTH AND SAFETY
28. WORKERS’ COMPENSATION - ACCIDENT MAKE-UP PAY SCHEME
28.1 Definitions
For the purposes of this clause, the following definitions apply:
28.1.1 Accident pay
A weekly amount of pay calculated as follows:
28.1.1(a) Employees deemed totally incapacitated within the meaning of the relevant State legislation by reason of an injury, the difference between:
28.1.1(a)(i) the weekly compensation paid to the employee under the relevant State legislation; and
28.1.1(a)(ii) the ordinary weekly award wage for a day worker under the employee’s normal classification excluding shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates or other similar payments.
28.1.1(b) Employees deemed partially incapacitated within the meaning of the relevant State legislation by reason of an injury, the difference between:
28.1.1(b)(i) the weekly compensation paid to the employee under the relevant State legislation plus the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant workers’ compensation board or equivalent authority or as agreed between the parties); and
28.1.1(b)(ii) the ordinary weekly award wage rate for a day worker under the employee’s normal classification excluding shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments.
28.1.2 Injury
The meaning and application given by the relevant State legislation.
28.1.3 Relevant State legislation
The following legislation as amended or replaced from time to time:
28.2 Application
This clause applies in respect of incapacity arising from an injury:
28.2.1 which occurred or recurred on or after 1 January 1973; and
28.2.2 in respect of which the employee suffering the injury has an entitlement under the relevant State legislation.
This clause does not apply in respect of any period of other paid leave of absence.
28.3 Entitlement
28.3.1 The Company (or a person on behalf of the Company) must pay to an employee accident pay for a period of up to 26 weeks (whether in one or more periods) for each injury, if the following criteria are satisfied:
28.3.1(a) the employee is receiving weekly payments of workers’ compensation under the relevant State legislation; and
28.3.1(b) the employee remains an employee of the Company; or
28.3.1(c) the employee is partially incapacitated or deemed to be totally incapacitated and the Company cannot provide suitable employment to the employee and the employee finds alternative suitable employment with another employer; and
28.3.1(d) the employee conforms with the requirements of the relevant State legislation as to medical examination; and
28.3.1(e) in the case of industrial diseases contracted in a gradual process, or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State legislation), the employee has been employed with the Company at the time of the incapacity for a period of at least three months; and
28.3.1(f) in the case of an incapacity which occurred during the first two weeks of an employee’s employment, the incapacity extends beyond the first two weeks. In these circumstances, the employee is entitled to accident pay only for the period of incapacity extending beyond the first two weeks of the employee’s employment.
28.3.2 If an employee receives accident pay and subsequently the compensation payment is reduced under the relevant State legislation, the Company is not liable to increase the amount of accident pay in respect of that injury.
28.3.3 If, in accordance with the relevant State legislation:
28.3.3(a) a medical practitioner certifies an employee fit for specified work;
28.3.3(b) the Company makes the specified work available to the employee; and
28.3.3(c) the employee fails to commence the specified work,
the employee is not entitled to accident pay from the date of his or her failure to commence the specified work.
28.4 Pro rata entitlement
If an employee received workers’ compensation under the relevant State legislation for part of a week, accident pay must be calculated pro rata.
28.5 Notice requirements
If an employee receives an injury for which the employee claims to be entitled to accident pay, the employee, or a representative of the employee, must give written notice of the injury to the Company as soon as is reasonably possible after the occurrence of the injury.
28.6 Redemption of compensation payments
If there is a redemption of weekly compensation payments under the relevant State legislation, the Company’s liability to pay accident pay ceases as from the date of the redemption.
28.7 Damages
28.7.1 If an employee is receiving accident pay or has received accident pay, the employee must advise the Company of any action or claim commenced for damages. The employee must, if requested, provide an authority to the Company which entitles the Company to a charge upon any money payable pursuant to any verdict or settlement in relation to the injury.
28.7.2 If an employee obtains a verdict for damages (against the Company or a third party) in respect of an injury for which the employee is receiving accident pay, the Company’s liability to pay accident pay ceases from the date of the verdict.
28.7.3 If the verdict for damages is not reduced either in whole or part by the amount of the accident pay paid to the employee, the employee must pay the Company the amount of any accident pay already received in respect of which the verdict was not reduced.
