Common use of ACCIDENT COMPENSATION MAKE UP PAY Clause in Contracts

ACCIDENT COMPENSATION MAKE UP PAY. (a) Entitlement to accident compensation make-up pay (i) Subject to sections (a)(ii) and (a)(iii), where an Employee becomes entitled to compensation payments under the Workers Rehabilitation & Compensation Act (Tasmania), the Employer who is liable to pay the compensation will pay to the Employee accident compensation make-up pay being an amount equivalent to the difference between: (a) the amount of compensation payable under the Act and, in respect of an Employee who is partially incapacitated, any wages earned by that Employee; and (b) the amount that would have been payable under the Agreement (including the Employee‟s entitlements to Employer contributions to Superannuation) if the Employee had been performing their normal duties. (ii) Subject to clause (a)(iii), accident compensation make-up pay will be paid for a maximum of 13 weeks, inclusive of all leave, in respect of the same injury. (iii) Accident compensation make-up pay under this Agreement will be paid only while an employee continues to receive compensation under the Workers Rehabilitation and Compensation Act. (b) Accident compensation make-up pay not payable (i) Accident compensation make-up pay will not be payable: (a) if the Employee is on any form of paid leave; or (b) where the incapacity arises from an industrial disease contracted by a gradual process and, at the time of the incapacity, the Employee had been employed for less than four (4) weeks.

ACCIDENT COMPENSATION MAKE UP PAY. All Staff (a) Entitlement to accident compensation make-up pay (i) Subject to sections (a)(ii) and (a)(iii), where an Employee becomes entitled to compensation payments under the Workers Rehabilitation & Compensation Act (Tasmania), the Employer who is liable to pay the compensation will pay to the Employee accident compensation make-up pay being an amount equivalent to the difference between: (a) the amount of compensation payable under the Act and, in respect of an Employee who is partially incapacitated, any wages earned by that Employee; and (b) the amount that would have been payable under the Agreement (including the Employee‟s Employee’s entitlements to Employer contributions to Superannuation) if the Employee had been performing their normal duties. (ii) Subject to clause (a)(iii), accident compensation make-up pay will be paid for a maximum of 13 weeks, inclusive of all leave, in respect of the same injury. (iii) Accident compensation make-up pay under this Agreement will be paid only while an employee continues to receive compensation under the Workers Rehabilitation and Compensation Act. (b) Accident compensation make-up pay not payable (i) Accident compensation make-up pay will not be payable: (a) if the Employee is on any form of paid leave; or (b) where the incapacity arises from an industrial disease contracted by a gradual process and, at the time of the incapacity, the Employee had been employed for less than four (4) weeks.