AT812785CNV - Transport Workers’ (Refuse, Recycling and Waste Management) Award 2001 [Transitional]

25. ACCIDENT MAKE-UP ALLOWANCE

25.1 This clause shall apply to all employees covered by this award, and it shall apply only in respect of incapacity which results from any injury received on or after the date of operation.
25.2 Accident makeup payment means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the said appropriate Workers’ Compensation Act and the employee’s appropriate weekly award rate, or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said award rate for that period.
25.3 The circumstances under which an employer shall qualify for accident make-up payment shall be as prescribed hereunder:

25.3.1 An employer shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the employer pursuant to the provisions of the appropriate Workers’ Compensation Acts, as amended from time to time.
25.3.2 An employer shall pay, or cause to be paid, accident makeup payment during the incapacity of the employee within the meaning of the said appropriate Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall first occur.
25.3.3 The liability of the employer to pay accident makeup payment in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate Acts, and the termination of the employee’s employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident makeup payment as provided in this clause.
25.3.4 In the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of the employer to pay accident makeup payment as herein provided shall cease from the date of such redemption.
25.3.5 An employer may at any time apply to the Australian Industrial Relations Commission for exemption from the terms of this clause on the grounds that an accident makeup payment scheme proposed and implemented by that employer contains provisions generally not less favourable to his/her employees than the provisions of the clause.

25.4 Provided that this clause shall not apply in the State of South Australia.