AT825520 - Australian Workers’ Union Construction and Maintenance (Western Australia) Award 2003 [Transitional]
25.1 Application
This clause shall apply to all employees covered by this award.
25.2 Conditions of accident pay
The circumstances under which an employee shall qualify for accident pay shall be as prescribed hereunder:
25.2.1 An employer shall pay an employee accident pay where the employee receives an injury for which weekly payments of compensation are payable by or on behalf of the employer pursuant to the provisions of the West Australian Workers' Compensation Act 1981 as amended from time to time.
25.2.2 Accident pay 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 38 hour award rate and accrued entitlements prescribed by clauses 16 - Working hours or 17 - Shift work, etc of this award 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.
25.2.3 An employer shall pay, or cause to be paid, accident pay 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.
25.2.4 The liability of the employer to pay accident pay 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 pay as provided in this clause.
25.2.5 In the event that the employee receives a lump sum in redemption of weekly payments under the said Acts, the liability of the employer to pay accident pay as herein provided shall cease from the date of such redemption.
25.2.6 An employer may at any time apply to the AIRC for exemption from the terms of this clause on the grounds that an accident pay scheme proposed and implemented by that employer contains provisions generally not less favourable to his/her employees than the provisions of the clause.
