ACCIDENT PAY. 28.1 Subject to the provisions of this Clause, employees, upon receiving payment of Workers’ Compensation in the terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State/Territory legislation, will be paid accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that; (a) Accident pay will only be payable to an employee whilst the employee remains in the employment of the Company and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. During a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement. (b) Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this Clause will apply only to the period of incapacity after the first two weeks. Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State/Territory legislation) the provisions of this subclause will not apply unless the employee has been employed with the Company at the time of the incapacity for a minimum period of three months. 28.2 The maximum period of aggregate of periods of accident pay to be made by the Company will be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreement. 28.3 The provisions of this Clause will not apply in respect of any period of other paid leave of absence. 28.4 Employees, upon receiving an injury for which they claim to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee. 28.5 In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this Clause will cease to apply to the said employee from the date of such refusal or failure to commence work. 28.6 Where there is redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the Clause will cease as from the date of redemption. 28.7 Employees receiving or who have received accident pay will advise the Company of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury. 28.8 Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. 28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. 28.10 Nothing in this Clause will require the Company to insure against its liability for the payment of benefits under this Clause. 28.11 Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause that would have been payable had the rates of compensation remained unchanged. 28.12 All rights to any benefits under this Clause will cease on the death of an employee. 28.13 Where an employee receives a benefit payment under this Clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata. 28.14 For the purpose of this Clause Accident Pay will mean: 28.14.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory legislation for the week in question and the total 38.0 hour weekly wage rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included. 28.14.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included. 28.14.3 The total so calculated will be the same as that applying for a total incapacity under Subclause 28.14.1 aboveof this Agreement, provided that where an employee receives a weekly payment under this Clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury. 28.15 For the purpose of this Clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay unless an entitlement exists under the relevant State/Territory legislation. 28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clause. 28.17 For the purposes of this Clause relevant State/Territory legislation means:
Appears in 1 contract
Sources: Enterprise Agreement
ACCIDENT PAY. 28.1 a. Subject to the provisions of this Clauseclause, employees, upon receiving payment of Workers’ Compensation in the terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State/Territory legislation, will be paid accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that;:
(a) b. Accident pay will only be payable to an employee whilst the employee remains such employees remain in the employment of the Company employer and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. During Where during a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clauseclause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Companyemployer, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement.sub clause d.
(b) c. Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this Clause clause will apply only to the period of incapacity after the first two weeks. Industrial Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State/Territory legislation) the provisions of this subclause sub-clause will not apply unless the employee has been employed with the Company at the time of the incapacity for a minimum period of three months.
28.2 d. The maximum period of aggregate of periods of accident pay to be made by the Company will be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreement.
28.3 injury. The provisions of this Clause clause will not apply in respect of any period of other paid leave of absence.
28.4 e. Employees, upon receiving an injury for which they claim claims to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
28.5 f. In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this Clause clause will cease to apply to the said employee from the date of such refusal or failure to commence work.
28.6 g. Where there is a redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the Clause clause will cease as from the date of redemption.
28.7 h. Employees receiving or who have received accident pay will advise the Company employer of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 i. Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreementagreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Companyemployer, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.9 j. Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clauseclause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 . Nothing in this Clause clause will require the Company to insure against its liability for the payment of benefits under this Clauseclause.
28.11 k. Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause clause that would have been payable had the rates of compensation remained unchanged.
28.12 . All rights to any benefits under this Clause clause will cease on the death of an employee.
28.13 l. Where an employee receives a benefit payment under this Clause clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata.
28.14 . For the purpose of this Clause clause Accident Pay will mean:
28.14.1 i. In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clauseclause, means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory legislation for the week in question and the total 38.0 38 hour weekly wage Agreement rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included.
28.14.2 ii. In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clauseclause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 38 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included.
28.14.3 iii. The total so calculated will be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreementincapacity, provided that where an employee receives a weekly payment under this Clause clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
28.15 m. For the purpose of this Clause clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay unless an entitlement exists under the relevant State/Territory legislation.
28.16 n. Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, ; the employee may forfeit the entitlement to accident pay under this Clauseclause.
28.17 o. For the purposes of this Clause clause relevant State/Territory legislation means:: New South Wales • Workers’ Compensation Act 1926 • Workers’ Compensation Act 1987 • Workplace Injury Management • Workers' Compensation Act 1998 Victoria • Workers’ Compensation Act 1958 • Accident Compensation Act 1985 Queensland • Workers’ Compensation Act 1916 • Workers’ Compensation Act 1990 South Australia • Workers’ Compensation Act 1971 • Workers’ Rehabilitation • Compensation Act 1986 Tasmania • Workers’ Compensation Act 1927 • Workers’ Compensation Act 1988 Australian Capital Territory • Workers’ Compensation Act 1951 Northern Territory • Workers’ Compensation Act • Work Health Act 1986 Western Australia • Workers’ Compensation Act • Rehabilitation Act 1981 All the above Acts and Ordinances as amended from time to time.
Appears in 1 contract
Sources: Employment Collective Agreement
ACCIDENT PAY. 28.1 Subject Except as provided elsewhere in this Agreement, FXA shall pay and an Employee shall be entitled to receive Accident Pay. No injury shall result in the provisions application of this Clause, employees, upon receiving payment of Accident Pay unless an entitlement exists under the respective Workers’ Compensation Act in the terms State or Territory of employment.
33.17.1 FXA shall pay Accident Pay during the incapacity of the relevant State/Territory legislationEmployee until such incapacity ceases or until workers’ compensation insurance is denied through FXA insurer or until the expiration of 26 weeks from the date of injury, and continuing to receive such payment in respect whichever occurs first. Where an Employee receives Accident Pay for incapacity for part of a weekly incapacity within week, the meaning of the relevant State/Territory legislation, will amount shall be paid accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that;
(a) Accident pay will only be payable to an employee whilst the employee remains in the employment of the Company and then only for such a period that they receive a weekly payment under the relevant State/Territory legislationpro rata. During a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement.
(b) Accident pay will shall not apply to for any incapacity occurring injury during the first two weeks five working days incapacity.
33.17.2 The termination of an Employee’s employment unless such incapacity continues beyond the first two weeks and then, the provisions of this Clause will apply only to for any reason during the period of incapacity after shall in no way affect the first two weeks. Industrial diseases contracted liability of FXA to pay Accident Pay, except in instances of summary dismissal or where workers’ compensation has been denied.
33.17.3 An Employee is not entitled to any payment under this clause for paid Annual Leave, public holidays or LSL.
33.17.4 Nothing in 33.17 shall be taken as restricting or removing the Company’s rights under the respective Workers’ Compensation Act to require the Employee to submit to an examination by a gradual process legally qualified medical practitioner, provided for and paid by the Company. If the Employee refuses to submit to such an examination or injuries subject obstructs the same, the Employee’s rights to recurrencereceive or continue to receive Accident Pay and/or compensation will be suspended, aggravation or acceleration (as provided in pursuant to the relevant State/Territory legislation) the provisions of this subclause will not apply unless the employee has been employed with the Company at the time of the incapacity for a minimum period of three monthsrespective Workers’ Compensation Act until such an examination takes place.
28.2 The maximum period of aggregate of periods of accident pay to be made by the Company will be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreement.
28.3 The provisions of this Clause will not apply in respect of any period of other paid leave of absence.
28.4 Employees, upon receiving an injury for which they claim to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
28.5 In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, 33.17.5 Where in accordance with the relevant State/Territory legislationrespective Workers’ Compensation Act, a medical referee gives a certificate as to the condition of the employee regarding Employee and the Employee’s fitness for work or specifies work for which the employee Employee is fit and such work is made available by the Company FXA and refused by the employee or the employee fails to commence the workEmployee, the provisions of this Clause will Accident Pay shall cease to apply to the said employee from the date of such refusal or failure to commence work.
28.6 Where there is 33.17.6 In the event that an Employee receives a lump sum in redemption of weekly compensation payments under the relevant State/Territory legislationrespective Workers’ Compensation Act, the Company’s liability of FXA to pay benefits under the Clause will cease as from the date of redemption.
28.7 Employees receiving or who have received accident pay will advise the Company of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreement, the Company’s liability to pay such benefits will Accident Pay shall cease from the date of such verdict; provided that, if redemption.
33.17.7 Where the verdict Employee recovers damages from the Company or a third party for damages is not reduced either in whole or part by the amount injury independently of the benefits so paid by the Company, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 Nothing in this Clause will require the Company to insure against its liability for the payment of benefits under this Clause.
28.11 Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause that would have been payable had the rates of compensation remained unchanged.
28.12 All rights to any benefits under this Clause will cease on the death of an employee.
28.13 Where an employee receives a benefit payment under this Clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata.
28.14 For the purpose of this Clause Accident Pay will mean:
28.14.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory legislation for the week in question and the total 38.0 hour weekly wage rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included.
28.14.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant respective Workers’ Compensation Board or equivalent authority or as agreed between Act, the parties) and the total 38.0 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments Employee will not be included.
28.14.3 The total so calculated will be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreement, provided that where an employee receives a weekly payment under this Clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase repay FXA the amount of accident pay in respect of that injury.
28.15 For the purpose of this Clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay unless an entitlement exists under the relevant State/Territory legislation.
28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clause.
28.17 For the purposes of this Clause relevant State/Territory legislation means:of
Appears in 1 contract
Sources: Enterprise Agreement
ACCIDENT PAY. 28.1 Subject at all times to the provisions of this Clauseclause, employees, an Employee upon receiving payment of Workersworkers’ Compensation compensation in the terms of the relevant State/Territory legislation, State legislation and continuing to receive such payment in respect of a weekly or fortnightly incapacity within the meaning of the relevant State/Territory State legislation, will shall be paid accident pay by the CompanyEmployer who is liable to pay workers’ compensation under the relevant State legislation, which said liability by the Company Employer for accident pay may be discharged by another person on their its behalf, provided that;:
(a) Accident pay will shall only be payable to an employee Employee whilst the employee such Employee remains in the employment of the Company Employer and then only for such a period that they receive as the Employee receives a weekly or fortnightly payment under the relevant State/Territory State legislation. During a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement.;
(b) The Employer shall not terminate the employment of the Employee to avoid payment of entitlements for the Employee provided for in this clause;
(c) Accident pay will shall not apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two three weeks and then, the provisions of this Clause will clause shall apply only to the period of incapacity after the first two three weeks. Industrial Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State/Territory State legislation) the provisions of this subclause will shall not apply unless the employee Employee has been employed with the Company Employer at the time of the incapacity for a minimum period of three months.one month;
28.2 (d) The provisions of this clause shall not apply in respect of any injury during the first five normal working days of incapacity;
(e) An Employee, on engagement, may be required to declare all workers’ compensation claims made by them or on their behalf in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared, the Employer may require the Employee to forfeit their entitlement to accident pay under this clause;
(f) The maximum period of or aggregate of periods of accident pay to be made by the Company will Employer to staff employed under this Agreement, shall be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreement.39 weeks;
28.3 (g) The provisions of this Clause will clause shall not apply in respect of any period of other paid leave of absence.;
28.4 Employees(h) An Employee, upon receiving an injury for which they claim the Employee claims to be entitled to receive accident pay, will shall give notice in writing of the said injury to the Company Employer as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.Employee;
28.5 (i) In order to receive the entitlement to accident pay, an employee will Employee shall conform to the requirements of the relevant State/Territory State legislation as to medical examination. Where, in accordance with the relevant State/Territory State legislation, a medical referee gives a certificate as to the condition of the employee regarding Employee and their fitness for work work, or specifies work for which the employee Employee is fit and such work is made available by the Company Employer and refused by the employee Employee or the employee Employee fails to commence the work, the provisions of this Clause will clause shall cease to apply to the said employee Employee from the date of such refusal or failure to commence the work.;
28.6 (j) Where there is redemption of weekly or fortnightly compensation payments under the relevant State/Territory State legislation, the CompanyEmployee is receiving 100% of his or her previous wage, or the Employee has exhausted their entitlement to workers' compensation payments, the Employer’s liability to pay benefits under the Clause will this clause shall cease as from the date of such redemption.;
28.7 Employees (k) An Employee receiving or who have has received accident pay will shall advise the Company Employer of any action they the Employee may institute or any claim they the Employee may make for damages. Further, employees willthe Employee shall, if requested, provide an authority to the Company Employer entitling the Company Employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.;
28.8 (l) Where an employee Employee obtains a verdict for damages in respect of an injury for which the Employee has received benefits have been received under this Agreementclause, the CompanyEmployer’s liability to pay such benefits will shall cease from the date of such verdict; provided that, that if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the CompanyEmployer, the employee will Employee shall pay to the Company Employer the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.;
28.9 (m) Where an employee Employee obtains a verdict for damages against a person other than the Company Employer in respect of any an injury for which the Employee has received benefits have been received under this Clauseclause, the CompanyEmployer’s liability to pay such benefits will shall cease from the date of such verdict; provided that, that if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the CompanyEmployer, the employee will Employee shall pay to the Company Employer any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.;
28.10 (n) Nothing in this Clause will clause shall require the Company Employer to insure against its liability for the payment of benefits under this Clause.clause;
28.11 (o) Any changes in compensation rates under the relevant State legislation will shall not increase the amount of the benefits payable under this Clause that clause what would have been payable had the rates of compensation remained unchanged.;
28.12 (p) All rights to any benefits under this Clause will clause shall cease on the death of an employee.Employee;
28.13 (q) Where an employee receives Employee received a benefit payment under this Clause clause and such payment is payable for incapacity for part of a week, the amount will shall be a direct pro-pro rata.
28.14 . For the purpose purposes of this Clause Accident Pay will clause, “accident pay” shall mean:
28.14.1 (a) In the case of an employee Employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory State legislation and arising from an injury covered by this Clauseclause, means a weekly or fortnightly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory State legislation for the week in question and the total 38.0 38-hour weekly wage rate for a day worker which would have been payable under of the employee’s normal classification for work for Employee if the week in question if normal duties employee had been performedperforming their normal duties, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and or other similar payments will shall not be included.; and
28.14.2 (b) In the case of an employee Employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory State legislation and arising from an injury covered by this Clauseclause, means an amount representing the difference between a weekly or fortnightly payment of an amount of compensation paid under the relevant State/Territory State legislation for the period in question together with the average weekly or fortnightly amount the employee Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 38-hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for Employee if the week in question if normal duties Employee had been performedperforming their normal duties; provided that shift premiums, overtime payments, fares and travelling allowancesallowance, special rates or other similar payments will shall not be included.
28.14.3 . The total so calculated will shall be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreementthe paragraph above, provided that where an employee Employee receives a weekly or fortnightly payment under this Clause paragraph and subsequently such payment is reduced pursuant to the relevant State/Territory State legislation, such reduction will not increase the liability of the Company Employer to increase the amount of accident pay in respect of that injury.
28.15 . For the purpose of this Clause injury will clause, “injury” shall be given the same meaning and application as applying under the relevant State/Territory State legislation and no injury will shall result in the application of accident pay unless an entitlement exists under the relevant State/Territory State legislation.
28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clause.
28.17 For the purposes of this Clause clause, “relevant State/Territory legislation means:State legislation” shall mean the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW), as amended from time to time.
Appears in 1 contract
Sources: Enterprise Agreement
ACCIDENT PAY. 28.1 Subject to the provisions of this Clauseclause, employees, upon receiving payment of Workers’ Compensation in the terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State/Territory legislation, will be paid accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that;
(a) Accident pay will only be payable to an employee whilst the employee remains in the employment of the Company and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. During a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clauseclause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement28.2.
(b) Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this Clause clause will apply only to the period of incapacity after the first two weeks. Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State/Territory legislation) the provisions of this subclause will not apply unless the employee has been employed with the Company at the time of the incapacity for a minimum period of three months.
28.2 The maximum period of aggregate of periods of accident pay to be made by the Company will be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreementclause.
28.3 The provisions of this Clause clause will not apply in respect of any period of other paid leave of absence.
28.4 Employees, upon receiving an injury for which they claim to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
28.5 In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this Clause clause will cease to apply to the said employee from the date of such refusal or failure to commence work.
28.6 Where there is a redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the Clause clause will cease as from the date of redemption.
28.7 Employees receiving or who have received accident pay will advise the Company of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreementagreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clauseclause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 Nothing in this Clause clause will require the Company to insure against its liability for the payment of benefits under this Clauseclause.
28.11 Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause clause that would have been payable had the rates of compensation remained unchanged.
28.12 All rights to any benefits under this Clause clause will cease on the death of an employee.
28.13 Where an employee receives a benefit payment under this Clause clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata.
28.14 For the purpose of this Clause clause Accident Pay will mean:
28.14.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clauseclause, means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory legislation for the week in question and the total 38.0 38 hour weekly wage rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included.
28.14.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clauseclause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 38 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included.
28.14.3 The total so calculated will be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreementabove, provided that where an employee receives a weekly payment under this Clause clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
28.15 For the purpose of this Clause clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay unless an entitlement exists under the relevant State/Territory legislation.
28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clauseclause.
28.17 For the purposes of this Clause clause relevant State/Territory legislation means:
Appears in 1 contract
Sources: Emirates Enterprise Agreement
ACCIDENT PAY. 28.1 4.16.1. Subject at all times to the provisions of this Clauseclause, employees, an Employee upon receiving payment of Workers’ Compensation workers compensation in the terms of the relevant State/Territory legislation, State legislation and continuing to receive such payment in respect of a weekly or fortnightly incapacity within the meaning of the relevant State/Territory legislation, will State legislation shall be paid accident pay by the Company, Company who is liable to pay workers' compensation under the relevant State legislation which said liability by the Company for accident pay may be discharged by another person on their its behalf, provided that;:
(a) Accident pay will shall only be payable to an employee Employee whilst the employee such Employee remains in the employment of the Company and then only for such a period that as they receive a weekly or fortnightly payment under the relevant State/Territory State legislation. During a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement.
(b) The Company shall not terminate the employment of the Employee to avoid payment of entitlements for the Employee provided for in this clause.
(c) Accident pay will shall not apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two three weeks and then, the provisions of this Clause will clause shall apply only to the period of incapacity after the first two three weeks. Industrial Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State/Territory State legislation) the provisions of this subclause will shall not apply unless the employee Employee has been employed with the Company at the time of the incapacity for a minimum period of three monthsone month.
28.2 (d) The provisions of this clause shall not apply in respect of any injury during the first five normal working days of incapacity.
(e) An Employee on engagement may be required to declare all workers' compensation claims made by them or on their behalf in the previous five years and in the event of false or inaccurate Information being deliberately and knowingly declared the Company may require the Employee to forfeit their entitlement to accident pay under this clause.
(f) The maximum period of or aggregate of periods of accident pay to be made by the Company will to staff employed under this Agreement, shall be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreement39 weeks.
28.3 (g) The provisions of this Clause will clause shall not apply in respect of any period of other paid leave of absence.
28.4 Employees(h) An Employee, upon receiving an injury for which they claim to be entitled to receive accident pay, will shall give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; , provided that such notice may be given by a representative of the employeeEmployee.
28.5 (i) In order to receive entitlement to accident pay, pay an employee will Employee shall conform to the requirements of the relevant State/Territory State legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, State legislation a medical referee gives a certificate as to the condition of the employee regarding Employee and their fitness for work or specifies work for which the employee Employee is fit and such work is made available by the Company and refused by the employee Employee or the employee Employee fails to commence the work, the provisions of this Clause will clause shall cease to apply to the said employee Employee from the date of such refusal or failure to commence the work.
28.6 (j) Where there is redemption of weekly or fortnightly compensation payments under the relevant State/Territory State legislation, the Employee is receiving 100% of their previous wage or the Employee has exhausted their entitlement to Workers' Compensation payments, the Company’s 's liability to pay benefits under the Clause will this clause shall cease as from the date of such redemption.
28.7 Employees (k) An Employee receiving or who have has received accident pay will shall advise the Company of any action they may institute or any claim they may make for damages. Further, employees willthe Employee shall, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 (l) Where an employee Employee obtains a verdict for damages in respect of an injury for which they have received benefits have been received under this Agreement, clause the Company’s 's liability to pay such benefits will shall cease from the date of such verdict; provided that, that if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee will Employee shall pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.9 (m) Where an employee Employee obtains a verdict for damages against a person other than the Company in respect of any an injury for which they have received benefits have been received under this Clauseclause, the Company’s 's liability to pay such benefits will shall cease from the date of such verdict; provided that, that if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, Company the employee will Employee shall pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 (n) Nothing in this Clause will clause shall require the Company to insure against its liability for the payment of benefits under this Clauseclause.
28.11 (o) Any changes in compensation rates under the relevant State legislation will shall not increase the amount of the benefits payable under this Clause clause that would have been payable had the rates of compensation remained unchanged.
28.12 (p) All rights to any benefits under this Clause will clause shall cease on the death of an employeeEmployee.
28.13 (q) Where an employee Employee receives a benefit payment under this Clause clause and such payment is payable for incapacity for part of a week, week the amount will shall be a direct pro-pro rata.
28.14 4.16.2. For the purpose purposes of this Clause Accident Pay will clause "accident pay" shall mean:
28.14.1 (a) In the case of an employee Employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory State legislation and arising from an injury covered by this Clause, clause means a weekly or fortnightly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory State legislation for the week in question and the total 38.0 38-hour weekly wage rate for a day worker which would have been payable under of the employee’s normal classification for work for the week in question Employee if normal duties they had been performedperforming their normal duties, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and or other similar payments will shall not be included.
28.14.2 (b) In the case of an employee Employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory State legislation and arising from an injury covered by this Clause, clause means an amount representing the difference between a weekly or fortnightly payment of an amount of compensation paid under the relevant State/Territory State legislation for the period in question together with the average weekly or fortnightly amount the employee Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ ' Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 38-hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question Employee if normal duties they had been performedperforming their normal duties; provided that shift premiums, overtime payments, fares and travelling allowancesallowance, special rates or other similar payments will shall not be included.
28.14.3 . The total so calculated will shall be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreementthe paragraph above, provided that where an employee Employee receives a weekly or fortnightly payment under this Clause paragraph and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, State legislation such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
28.15 4.16.3. For the purpose of this Clause injury will clause "injury" shall be given the same meaning and application application, as applying under the relevant State/Territory State legislation and no injury will shall result in the application of accident pay unless an entitlement exists under the relevant State/Territory State legislation.
28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years4.16.4. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clause.
28.17 For the purposes of this Clause clause ''relevant State/Territory legislation means:State legislation'' shall mean the Workplace Injury Rehabilitation and Compensation Act 2013 (VIC), the Workers Compensation Act 1958 (VIC) and the Accident Compensation Act 1985 (VIC) as amended from time to time.
Appears in 1 contract
Sources: Enterprise Agreement
ACCIDENT PAY. 28.1 a. Subject to the provisions of this Clauseclause, employees, upon receiving payment of Workers’ Compensation in the terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State/Territory legislation, will be paid accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that;:
(a) b. Accident pay will only be payable to an employee whilst the employee remains such employees remain in the employment of the Company employer and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. During Where during a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clauseclause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Companyemployer, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement.sub clause d.
(b) c. Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this Clause clause will apply only to the period of incapacity after the first two weeks. Industrial Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State/Territory legislation) the provisions of this subclause sub-clause will not apply unless the employee has been employed with the Company at the time of the incapacity for a minimum period of three months.
28.2 d. The maximum period of aggregate of periods of accident pay to be made by the Company will be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreement.
28.3 injury. The provisions of this Clause clause will not apply in respect of any period of other paid leave of absence.
28.4 e. Employees, upon receiving an injury for which they claim claims to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
28.5 f. In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this Clause clause will cease to apply to the said employee from the date of such refusal or failure to commence work.
28.6 g. Where there is a redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the Clause clause will cease as from the date of redemption.
28.7 h. Employees receiving or who have received accident pay will advise the Company employer of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 i. Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreementagreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Companyemployer, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.9 j. Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clauseclause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 . Nothing in this Clause clause will require the Company to insure against its liability for the payment of benefits under this Clauseclause.
28.11 k. Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause clause that would have been payable had the rates of compensation remained unchanged.
28.12 . All rights to any benefits under this Clause clause will cease on the death of an employee.
28.13 l. Where an employee receives a benefit payment under this Clause clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata.
28.14 . For the purpose of this Clause clause Accident Pay will mean:
28.14.1 i. In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clauseclause, means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory legislation for the week in question and the total 38.0 38 hour weekly wage Agreement rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included.
28.14.2 ii. In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clauseclause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 38 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included.
28.14.3 iii. The total so calculated will be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreementincapacity, provided that where an employee receives a weekly payment under this Clause clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
28.15 m. For the purpose of this Clause clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay unless an entitlement exists under the relevant State/Territory legislation.
28.16 n. Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, ; the employee may forfeit the entitlement to accident pay under this Clauseclause.
28.17 o. For the purposes of this Clause clause relevant State/Territory legislation means:: New South Wales Workers’ Compensation Act 1926 Workers’ Compensation Act 1987 Workplace Injury Management and Workers' Compensation Act 1998 Victoria Workplace Injury Rehabilitation and Compensation Act 2013 Queensland Workers’ Compensation and Rehabilitation Act 2003 South Australia Workers’ Compensation Act 1971 Return to Work Act 2014 Tasmania Workers’ Rehabilitation and Compensation Act 1998 Australian Capital Territory Workers’ Compensation Act 1951 Northern Territory Return to Work Act 2015 Western Australia
Appears in 1 contract
Sources: Employment Agreement
ACCIDENT PAY. 28.1 Subject 5.7.1 The company 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 this Clause, employees, upon receiving payment of the appropriate Workers’ Compensation in Acts, as amended from time to time.
5.7.2 Accident make-up payment means a weekly payment of an amount being the terms 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 agreement rate, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said agreement rate for that period.
5.7.3 The company shall pay, or cause to be paid, accident make-up payment during the incapacity of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity employee within the meaning of the relevant State/Territory legislation, will be paid accident pay by said appropriate Act until such incapacity ceases or until the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that;
(a) Accident pay will only be payable to an employee whilst the employee remains in the employment expiration of the Company and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. During a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement.
(b) Accident pay will not apply to any incapacity occurring during the first two 52 weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this Clause will apply only to the period of incapacity after the first two weeks. Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State/Territory legislation) the provisions of this subclause will not apply unless the employee has been employed with the Company at the time of the incapacity for a minimum period of three months.
28.2 The maximum period of aggregate of periods of accident pay to be made by the Company will be a total of 26 weeks of any one injury as defined in Clause 28.15 of this ClauseAgreement.
28.3 The provisions of this Clause will not apply in respect of any period of other paid leave of absence.
28.4 Employees, upon receiving an injury for which they claim to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
28.5 In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this Clause will cease to apply to the said employee from the date of such refusal or failure to commence workinjury, whichever event shall first occur.
28.6 Where there 5.7.4 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 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 make-up payment as provided in this clause.
5.7.5 In the event that the employee receives a lump sum in redemption of weekly compensation payments under the relevant State/Territory legislationappropriate Acts, the Company’s liability of the company to pay benefits under the Clause will cease accident make-up payment as from the date of redemption.
28.7 Employees receiving or who have received accident pay will advise the Company of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreement, the Company’s liability to pay such benefits will herein provided shall cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reducedredemption.
28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 Nothing in this Clause will require the Company to insure against its liability for the payment of benefits under this Clause.
28.11 5.7.6 Any changes in compensation rates under the relevant State legislation will shall not increase the amount of the benefits payable under this Clause clause that would have been payable had the rates of compensation remained unchanged.
28.12 All rights to any benefits under this Clause will cease on the death of an employee.
28.13 Where an employee receives a benefit payment under this Clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata.
28.14 For the purpose of this Clause Accident Pay will mean:
28.14.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory legislation for the week in question and the total 38.0 hour weekly wage rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included.
28.14.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included.
28.14.3 The total so calculated will be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreement, provided that where an employee receives a weekly payment under this Clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
28.15 For the purpose of this Clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay unless an entitlement exists under the relevant State/Territory legislation.
28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clause.
28.17 For the purposes of this Clause relevant State/Territory legislation means:
Appears in 1 contract
Sources: Collective Agreement
ACCIDENT PAY. 28.1 16.1 Subject at all times to the provisions of this Clauseclause, employees, an employee upon receiving payment of Workers’ Compensation workers' compensation in the terms of the relevant State/Territory legislation, State legislation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State/Territory legislation, will State legislation shall be paid accident pay by the Company, company who is liable to pay workers' compensation under the relevant State legislation which said liability by the Company employer for accident pay pay, may be discharged by another person on their behalfbehalf of the employer, provided that;:
(a) 16.1.1 Accident pay will shall only be payable to an employee whilst the such employee remains in the employment of the Company employer by whom so employed at the time of the incapacity and then only for such a period that they receive as a weekly payment under the relevant State/Territory legislation. During a period where an employee State legislation is partially incapacitated or is deemed to be totally incapacitated within received.
16.1.2 The employer shall not terminate the meaning employment of the relevant State/Territory legislation employee to avoid payment of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had entitlements for the employee continued provided for in its employment subject to the provisions of Clause 28.2 of this Agreementclause.
(b) 16.2 Accident pay will shall not apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two three weeks and then, the provisions of this Clause will apply only and
16.3 An employee on engagement may be required to the period of incapacity after the first two weeks. Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided declare all workers' compensation claims made in the relevant State/Territory legislation) previous five years and in the provisions event of this subclause will not apply unless false or inaccurate information being deliberately and knowingly declared the employer may require the employee has been employed with the Company at the time of the incapacity for a minimum period of three monthsto forfeit entitlement to accident pay under this clause.
28.2 16.4 The maximum period of or aggregate of periods of accident pay to be made by the Company will an employer shall be a total of 26 39 weeks of for any one injury as defined in Clause 28.15 of this ClauseAgreementinjury.
28.3 The provisions of this Clause will not apply in respect of any period of other paid leave of absence.
28.4 Employees16.5 An employee, upon receiving an injury for which they claim the employee claims to be entitled to receive accident pay, will shall give notice in writing of the said injury to the Company employer as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
28.5 16.6 In order to receive entitlement to accident pay, pay an employee will shall conform to the requirements of the relevant State/Territory State legislation as to medical examination. Where, in accordance with the relevant State/Territory State legislation, a medical referee gives a certificate as to the condition of the employee regarding and fitness for work or specifies work for which the employee is fit and such work is made available by the Company employer and refused by the employee or the employee fails to commence the work, the provisions of this Clause will clause shall cease to apply to the said employee from the date of such refusal or failure to commence the work.
28.6 16.7 Where there is redemption a resumption of weekly compensation payments under the relevant State/Territory legislation, State legislation the Company’s employer's liability to pay benefits under the Clause will this clause shall cease as from the date of such redemption.
28.7 Employees 16.8 An employee receiving or who have has received accident pay will shall advise the Company employer of any action they that may institute be instituted or any claim they that may make be made for damages. Further, employees willthe employee shall, if requested, provide an authority to the Company employer entitling the Company employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 Nothing in this Clause will require the Company to insure against its liability for the payment of benefits under this Clause.
28.11 Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause that would have been payable had the rates of compensation remained unchanged.
28.12 16.9 All rights to any benefits under this Clause will clause shall cease on the death of an employee.
28.13 16.10 Where an employee receives a benefit payment under this Clause clause and such payment is payable for incapacity for part of a week, week the amount will shall be a direct pro-pro rata.
28.14 16.11 For the purpose purposes of this Clause Accident Pay will clause accident pay shall mean:
28.14.1 16.11.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory State legislation and arising from an injury covered by this Clause, clause means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory State legislation for the week in question and the total 38.0 38-hour weekly wage agreement rate for a day worker which would have been payable under the employee’s 's normal classification employment for work for the week in question if normal duties the employee had been performedperforming normal duties, provided that shift premiumsthat, overtime payments, fares and travelling allowance, tool allowance, special rates and or other similar payments will shall not be included.
28.14.2 16.11.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory State legislation and arising from an injury covered by this Clause, clause means an amount representing the difference between a weekly payment of an amount of compensation paid under the relevant State/Territory State legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included.the
28.14.3 The total so calculated will be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreement, provided that where an employee receives a weekly payment under this Clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
28.15 16.12 For the purpose of this Clause clause injury will shall be given the same meaning and application as applying under the relevant State/Territory State legislation and no injury will shall result in the application of accident pay unless an entitlement exists under the relevant State/Territory State legislation.
28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clause.
28.17 16.13 For the purposes of this Clause clause relevant State/Territory State legislation means:shall mean: ♦ Accident Compensation Act 1985; Accident Compensation (WorkCover) Insurance 1993 as amended.
Appears in 1 contract
Sources: Collective Agreement
ACCIDENT PAY. 28.1 Subject 46.1 The Company 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 Company pursuant to the provisions of this Clause, employees, upon receiving payment of Workersthe relevant workers’ Compensation in compensation act.
46.2 The Company shall pay accident pay during the terms incapacity of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity employee within the meaning of the relevant State/Territory legislationworkers’ compensation act until such incapacity ceases or until the expiration of a period of twenty-six weeks from the date of injury, will be paid whichever comes first.
46.3 Provided that accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that;
(a) Accident pay will only be payable to an employee whilst the employee remains in the employment of the Company and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. During a period where an employee is partially incapacitated or is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement.
(b) Accident pay will shall not apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two three weeks and then, subject to the provisions aforementioned period of this Clause will twenty-six weeks, accident pay shall only apply only to the period of incapacity after the first two three weeks. Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided .
46.4 Termination of the employee’s employment for any reason during the period of incapacity shall in no way affect the relevant State/Territory legislation) the provisions liability of this subclause will not apply unless the employee has been employed with the Company at the time of the incapacity for a minimum period of three monthsto pay accident pay.
28.2 The maximum period of aggregate of periods of accident pay 46.5 An employee shall not be entitled to be made by the Company will be a total of 26 weeks of any one injury as defined in Clause 28.15 of payment under this ClauseAgreement.
28.3 The provisions of this Clause will not apply clause in respect of any period of other paid annual leave, long service leave of absenceor paid public holiday.
28.4 Employees46.6 In the event that the employee receives a lump sum in redemption of weekly payments under the relevant worker’s compensation act, upon receiving an injury for which they claim to be entitled to receive accident pay, will give notice in writing the liability of the said injury Company to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee.
28.5 In order to receive entitlement to pay accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this Clause will pay shall cease to apply to the said employee from the date of such refusal or failure to commence work.
28.6 Where there is redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the Clause will cease as from the date of redemption.
28.7 Employees receiving or who have received accident pay will advise 46.7 Where the Company of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury.
28.8 Where an employee obtains a verdict for damages damage against the Company or a third party in respect of an injury for which benefits have been he or she has received under this Agreement, accident pay the Company’s liability to pay such benefits will accident pay shall cease from the date of such verdict; provided that, that if the verdict for damages is not reduced either in whole or in part by the amount of the benefits so paid accident pay made by the Company, Company the employee will shall pay to the Company the any amount of such benefits accident pay already received in respect of that injury by which the verdict has not been so reduced.
28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced.
28.10 Nothing in this Clause will require the Company to insure against its liability for the payment of benefits under this Clause.
28.11 Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause that would have been payable had the rates of compensation remained unchanged.
28.12 All rights to any benefits under this Clause will cease on the death of an employee.
28.13 Where an employee receives a benefit payment under this Clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata.
28.14 For the purpose of this Clause Accident Pay will mean:
28.14.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount representing the difference between the total amount of compensation paid under the relevant State/Territory legislation for the week in question and the total 38.0 hour weekly wage rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included.
28.14.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation for the period in question together with the average weekly amount the employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included.
28.14.3 The total so calculated will be the same as that applying for a total incapacity under Subclause
28.14.1 aboveof this Agreement, provided that where an employee receives a weekly payment under this Clause and subsequently such payment is reduced pursuant to the relevant State/Territory legislation, such reduction will not increase the liability of the Company to increase the amount of accident pay in respect of that injury.
28.15 For the purpose of this Clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay unless an entitlement exists under the relevant State/Territory legislation.
28.16 Employees may be required upon engagement to inform the Company of all workers’ compensation claims made by them in the previous two years. If an employee deliberately and falsely makes a statement in this connection, knowing at the time that such statement is made that it is false, the employee may forfeit the entitlement to accident pay under this Clause.
28.17 For the purposes of this Clause relevant State/Territory legislation means:
Appears in 1 contract
Sources: Enterprise Agreement