AT806816CRV - Hairdressing and Beauty Services - Victoria - Award 2001 [Transitional]
PART 8 - ACCIDENT MAKE-UP PAY
38. ACCIDENT MAKE-UP PAY
38.1 Entitlement to accident make-up pay
Where an employee becomes entitled to weekly compensation payments under the Accident Compensation Act 1985 (the Act), the employer will pay to the employee an amount equivalent to the difference between:
38.1.1 The level of weekly compensation and any weekly wages earned or able to be earned if partially or totally incapacitated and
38.1.2 The amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments.
38.2 Accident make-up pay shall not apply:
38.2.1 in respect of any injury during the first seven consecutive days (including non working days) of incapacity.
38.2.2 To any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks.
38.3 Entitlement to accident make-up pay continues (subject to 38.6) on termination of an employee's employment where such termination:
38.3.1 is by the employer other than for reasons of the employee's serious and/or wilful misconduct; or
38.3.2 arises from a declaration of liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Indutrial Relations Commission.
38.4 Industrial disease contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident make-up pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.
38.5 Maximum period of payment
The maximum period or aggregate period of accident make-up pay to be made by an employer shall be a total of 39 weeks for any one injury.
38.6 Absences on other paid leave
An employee shall not be entitled to payment of accident make-up pay in respect of any period of other paid leave of absence.
38.7 Variation in compensation rates
Any changes in compensation rates under the Act shall not increase the amount of accident make-up pay above the amount that would have been payable had the rates of compensation remained unchanged.
38.8.1 In order to receive entitlement to accident make-up pay an employee shall conform to the requirements of the Act as to medical examination.
38.8.2 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 the work, accident make-up pay shall cease from the date of such refusal or failure to commence the work.
38.9 Where there is a redemption of weekly compensation payments under the Act, the employer's liability to pay accident pay shall cease as from the date of such redemption.
All rights to accident pay shall cease on the death of an employee.
38.11.1 An employee receiving or who has received accident pay is to advise his or her employer of any action he or she may institute or any claim he or she may make for damages. Further the employee must if requested, provide an authority to the employer entitling the employer to a charge upon any money payable in accordance with any judgment or settlement on that injury.
38.11.2 Where an employee obtains a judgment or settlement for damages in respect of an injury for which he or she has received accident pay the employer's liability to pay accident pay ceases from the date of such judgment or settlement. However if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee is to pay to his or her employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced.
38.11.3 Where an employee obtains a judgment for damages against a person other than the employer in respect of an injury for which he or she has received accident pay the employer's liability to pay accident pay ceases from the date of such judgment or settlement. However if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee is to pay to his or her employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced.
