AT801922 - Victorian Catholic Schools and Catholic Education Offices Award 1998 [Transitional]

AT801922 - Victorian Catholic Schools and Catholic Education Offices Award 1998 [Transitional]

PART 2 – GENERAL CONDITIONS OF SERVICE

6. ACCIDENT MAKE UP PAY

[6 substituted by PR962601 ppc 13Sep05]

6.1 Entitlement to accident make-up pay

6.1.1 Where an employee becomes entitled to compensation payments under the Accident Compensation Act 1985 (Vic) (‘Act’), the employer who is liable to pay the compensation will pay to the employee accident make-up pay being an amount equivalent to the difference between:

(a) the amount of compensation payable under the Act and, in respect of an employee who is partially incapacitated, any wages earned by that employee; and

(b) the amount that would have been payable under the Award if the employee had been performing normal duties.

6.1.2 Subject to clause 6.1.3, accident make-up pay will be paid for a maximum of 26 weeks, inclusive of school holidays, in respect of the same injury.

6.1.3 Accident make-up pay will be paid only while an employee continues to receive compensation under the Act.

6.2 Accident make-up pay not payable

6.2.1 Accident make-up pay will not be payable:

(a) if the employee is on any form of paid leave;

(b) during:

(i) the first ten (10 ))working days of incapacity; and

(ii) 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 employee had been employed for less than four (4) weeks.

6.3 Eligibility for accident make-up pay

6.3.1 In order for an employee to be eligible for accident make-up pay in accordance with 6.1:

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

(b) the employee must provide written evidence of the injury from time to time as required by the employer during the period of payment;

(d) the employee 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 employee 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.

6.4 Accident make-up pay ceases

6.4.1 An employee will cease to be entitled to accident make-up pay if any of the following occur:

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

(b) the employee's employment with the employer is terminated due to serious misconduct by the employee;

(d) the employee dies.