AT805114CRV - Federal Meat Industry (Retail and Wholesale) Award 2000 [Transitional]

APPENDIX B - ACCIDENT PAY, VICTORIA

1. TOTAL INCAPACITY

Subject to clause 4 - Injury hereof, in the case of an employee other than a casual employee who is deemed to be totally incapacitated within the meaning of the Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total weekly amount of compensation paid under any Act in Victoria; for the week in question and the total 38 hour weekly award rates for a time-worker, being paid to such employee at the date of injury giving rise to the said payments of compensation together with or less as the case may be any variation in award rates which would have been applicable to the classification of such employee for the week in question if the employee had been performing normal duties provided further that in making such calculation any payment for overtime earnings, shift allowance, site disability allowances, fares and travelling allowances, penalty-stock payments, bonus, laundry allowance, cold temperature rates, or other like payments payable by the employer will not be taken into account.

2. PARTIAL INCAPACITY

2.1 In the case of an employee other than a casual employee who is or is deemed to be partially incapacitated within the meaning of the Act and arising from an injury covered by this clause means a weekly payment of an amount representing the difference between the total amount of compensation paid to the employee pursuant any Act of Victoria; for the week in question together with the total amounts the employee is earning or is able to earn in some suitable employment or business as determined expressly or by implication by the Workers’ Compensation Commission or body set up under any Act for the determination of such questions) or as agreed between the parties and the total 38 hour weekly award rate for a time-worker being paid to such employee at the date of the injury giving rise to the said payments of compensation together with or less as the case may be any variation in award rates which would have been applicable to the classification of such employee for the week in question if the employee had been performing normal duties providing that in making such calculation any payment for overtime earnings, bonus, shift allowance, site disability allowances, fares, travelling allowances, penalty-stock payments, laundry allowance, cold-temperature payments, special rates, or other like payments payable by the employer will not be taken into account.

2.2 The total 38 hour weekly award rate will be the same as that applying for the total incapacity provided that where an employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to any Act; such reduction will not increase the liability of the employer to increase the amount of accident pay in respect of that injury.

3. PAYMENT FOR PART OF A WEEK

Where an employee receives accident pay and such pay is payable for incapacity for part of a week, the amount will be direct pro rata.

4. INJURY

Means an injury within the meaning of the Act for which compensation is being paid pursuant to the Act.

5. INCAPACITY

Incapacity will have the same meaning as in the Act.

6. THE ACT

Means the relevant workers’ compensation act as amended from time to time of the State of Victoria.

7. QUALIFICATION FOR PAYMENT

7.1 Always subject to the terms of this clause, an employee other than a casual employee covered by this clause will upon receiving payment of compensation and continuing to receive such payment in respect of weekly incapacity within the meaning of the Act be paid accident pay by the employer, who is liable to pay compensation under the Act, which said liability by the employer for accident pay may be discharged by another person on the employers behalf provided that:

7.2 Accident pay will only be payable to an employee whilst such employee remains in the employment of the employer by whom the employee was employed at the time of the incapacity, and then only for such period as the employee receives a weekly payment under the Act. Provided that if an employee on partial incapacity cannot obtain suitable employment from their employer but such alternative employment is available with another employer, then the relevant amount of accident pay will still payable by the first employer.

7.3 Provided further that in the case of termination of an employee, who is incapacitated and receiving accident pay, by the employer, accident pay will continue to apply subject to the provisions of this clause except where the termination is due to serious and/or wilful misconduct of the employee.

To qualify for continued payments on termination the employee may be required to provide evidence to the employer of continued compensation payments.

7.4 No accident pay shall be payable in respect of any period of incapacity commencing during the first month of employment of an employee by an employer, unless such incapacity continues beyond the first month of employment and then, subject to the award and 7.6 hereof will only apply to incapacity occurring after the first month.

7.5 In the cases of diseases contracted by gradual process or injuries subject to recurrence, aggravation, or acceleration for which the employer is liable to pay compensation under any Act, such injuries or diseases will not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of three months and is still employed by the employer under a then subsisting contract of service or apprenticeship.

7.6 Accident pay will not apply in respect of any injury for which Workers’ Compensation is payable for the first five normal working days of incapacity.

7.7 An employee on engagement may be required to declare all Workers’ Compensation claims made in the previous five years; and in the event of false or inaccurate information being deliberately and knowingly declared, the employer may require the employee to forfeit entitlement to accident pay under this clause.

8. MAXIMUM PERIOD OF PAYMENT

The maximum period or aggregate of periods of accident pay to be made by an employer will be a total of 26 weeks for any one injury as defined in clause 4 - Injury hereof.

9. ABSENCES ON OTHER PAID LEAVE

An employee will not be entitled to the payment of accident pay in respect of any period of paid annual leave, or long service leave or for any paid public holiday or any other paid leave in accordance with the appropriate provisions of this award.

10. NOTICE OF INJURY

An employee upon receiving an injury for which the employee claims to be entitled to receive accident pay will give notice in writing of the said injury to the employer as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.

11. MEDICAL EXAMINATIONS

In order to receive entitlement to accident pay, an employee will conform to the requirements of the Act as to medical examination. Where in accordance with the Act a medical referee gives a certificate as to the condition of the employee and fitness for work, or specifies work for which the employee is fit, and such work is made available by the employer and refused by the employee, or the employee fails to commence to work, accident pay will cease from the date of such refusal or failure to commence work.

12. REDEMPTION OF WEEKLY PAYMENTS

Where there is redemption of weekly compensation payments under the Act, the employer’s liability to pay accident pay will cease as from the date of such redemption.

13. CIVIL DAMAGES CLAIM

13.1 An employee receiving or who has received accident pay will advise the employer of any action the employee may institute or any claim the employee may make for damages. Further, the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.

13.2 Where an employee obtains a verdict for damages or is paid an amount in settlement of any claim for damages in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay will cease from the date of such verdict and/or the date of such settlement; provided that if verdict for damages or settlement is not reduced either in whole or part by the amount of accident pay made by the employer, the employee will pay to the employer any amount of accident pay already received in respect of that injury by which the verdict or settlement has not been so reduced.

13.3 Where an employee obtains a verdict for damages or is paid an amount in settlement of any claim for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay will cease from the date of such verdict or the date of such settlement; provided that if the verdict for damages or settlement is not reduced either in whole or in part by the amount of accident pay made by the employer the employee will pay to the employer any amount of accident pay already received in respect of that injury by which the verdict or settlement has not been so reduced.

14. VARIATIONS IN COMPENSATION RATES

Any changes in compensation rates under the Act will not increase the amount of accident pay above the amount that would have been payable had the rates of compensation remained unchanged.

15. DEATH OF AN EMPLOYEE

Entitlements to accident pay will cease on the death of an employee.