AT828612 - Transport Workers’ (Virgin Tech) Award 2003 [Transitional]
37.1 This clause will apply to all employees covered by this award, and it will apply only in respect of incapacity which results from any injury received on or after the date of operation.
37.2 The circumstances under which Virgin Tech will qualify for accident make-up payment will be as prescribed hereunder:
37.2.1 Virgin Tech will 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 Virgin Tech pursuant to the provisions of the appropriate Workers’ Compensation Acts, as amended from time to time.
37.2.2 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.
37.2.3 Virgin Tech will 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 52 weeks from the date of injury, whichever event will first occur.
37.2.4 The liability of Virgin Tech to pay accident makeup payment in accordance with this clause will 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 will in no way affect the liability of Virgin Tech to pay accident makeup payment as provided in this clause.
37.2.5 In the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of Virgin Tech to pay accident makeup payment as herein provided will cease from the date of such redemption.
37.2.6 Virgin Tech 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 make-up payment scheme proposed and implemented by Virgin Tech contains provisions generally not less favourable to employees than the provisions of this clause.
