AT824709CRV - The Gas Industry (Contractors - Mains and Services) Award 2003 [Transitional]
19.1 For employees covered by this award, an employer shall pay and an employee shall be entitled to receive accident pay in accordance with this clause.
19.2 The circumstances under which an employee shall qualify for accident make-up payment shall be as follows:
19.2.1 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 compensation legislation, as amended from time to time.
19.2.2 Accident make-up payment means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the employee pursuant to the appropriate compensation legislation and the employee’s appropriate weekly ordinary award rate, or, where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the award rate for that period.
19.2.3 An employer shall pay, or cause to be paid, accident make-up payment during the incapacity of such employee within the meaning of the appropriate legislation until the incapacity ceases or until the expiration of a period of 52 weeks from the date of injury, whichever first occurs.
19.2.4 The liability of the employer to pay accident make-up 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 appropriate legislation, 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 make-up payment as provided in this clause.
19.2.5 In the event that the employee receives a lump sum in redemption of weekly payments under the appropriate legislation, the liability of the employer to pay accident make-up payment as provided in this clause shall cease from the date of such redemption.
19.3 The right to be paid accident pay shall terminate on the death of an employee and no sum shall be payable to the legal personal representative, next-of-kin, assignee or dependant of the deceased employee with the exception of accident pay accrued up to the time of death.
