Common use of ACCIDENT MAKE-UP PAY Clause in Contracts

ACCIDENT MAKE-UP PAY. ‌ 35.1 All Employees covered by this Agreement will have access to accident make-up pay in accordance with this clause. 35.2 AHPRA must pay an Employee accident make-up pay where the Employee received an injury for which weekly payment of compensation is payable by or on behalf of XXXXX pursuant to the provisions of the appropriate workers’ compensation legislation, as amended from time to time. 35.3 ‘Accident make-up pay’ means a weekly payment of amount being the difference between the weekly amount of compensation paid to the Employee pursuant to the appropriate workers’ compensation legislation, and the Employee’s appropriate Agreement rate, or, where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation and the Agreement rate for that period. Weekly payment means the amount the Employee would have earned if he or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX must pay accident make-up pay during the incapacity of the Employee within the meaning of the appropriate workers’ compensation legislation until whichever occurs sooner of such incapacity ceasing, or until the expiration of a period of 52 weeks from the date of injury. Payment will apply only in respect of an incapacity which results from an injury which is current during the first salary period commencing on or after, or which occurs subsequent to that salary period. 35.5 The liability of AHPRA to pay accident make-up pay in accordance with this clause arises as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The termination of the Employee’s employment for any reason during the period of any incapacity will in no way affect the liability of AHPRA to pay accident make-up payment as provided in this clause. 35.6 In the event that the Employee receives a lump sum in redemption of weekly payments under the appropriate workers’ compensation legislation, the liability of AHPRA to pay accident make-up pay will cease from the date of such redemption.

Appears in 1 contract

Samples: Enterprise Agreement

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ACCIDENT MAKE-UP PAY. ‌ 35.1 27.1. All Employees employees covered by this Agreement will have access to accident make-up pay in accordance inaccordance with this clause. 35.2 AHPRA 27.2. ANMAC must pay an Employee employee accident make-up pay where the Employee received employee receives an injury for which weekly payment of compensation is payable by by, or on behalf of XXXXX ANMAC. This is pursuant to the provisions of the appropriate workers' compensation legislation, as amended from time to time. 35.3 ‘27.3. Accident make-up pay’ means ' is a weekly fortnightly payment of amount being the the: • difference between the weekly fortnightly amount of compensation the employee is paid to the Employee pursuant to the appropriate workers' compensation legislation, and the Employee’s employee's appropriate Agreement rate, or, or • where the incapacity is for a lesser period less than one (1) week, the difference between the amount of compensation and the Agreement rate for that period. Weekly Fortnightly payment means the amount the Employee employee would have earned if he or she they had not been in receipt of receiving workers' compensation payments. 35.4 XXXXX 27.4. ANMAC must pay accident make-up pay during the incapacity of the Employee within employee, in line with workers' compensation legislation. This continues until the meaning of the appropriate workers’ compensation legislation until whichever occurs sooner of such incapacity ceasing, ceases or until the expiration of a period of 52 weeks has expired from the date of injury. Payment will apply only in respect of an incapacity which results from an injury which is current during the first salary period commencing on or after, or which whichever occurs subsequent to that salary periodfirst. 35.5 The 27.5. ANMAC’s liability of AHPRA to pay for accident make-up pay in accordance with this clause arises begins as at the date of the injury or accident accident, in respect of which line with the compensation is payable under the said appropriate workers' compensation legislation. The termination Termination of the Employee’s employment employee for any reason during the incapacity period of any incapacity will in no way affect the affects ANMAC’s liability of AHPRA to pay accident make-up payment as provided in this clause. 35.6 27.6. In the event that the Employee employee receives a lump sum in redemption of weekly payments under the appropriate workers' compensation legislation, the ANMAC’s liability of AHPRA to pay accident make-up pay will cease ceases from the date of such redemption.

Appears in 1 contract

Samples: Enterprise Agreement

ACCIDENT MAKE-UP PAY. ‌ 35.1 All Employees covered by this Agreement will have access to The conditions under which an employee shall qualify for accident make-up pay in accordance with this clause.payment shall be as prescribed hereunder: 35.2 AHPRA must (a) the employer shall pay an Employee employee accident make-up pay payment where the Employee received an injury for which employee receives weekly payment of for compensation is payable by or on behalf of XXXXX pursuant to the provisions of the appropriate workers’ compensation legislation, Workplace Injury Rehabilitation and Compensation Act 2013 as amended from time to time. 35.3 ‘Accident make-(b) accident make up pay’ payment means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the Employee employee pursuant to the said appropriate workers’ compensation legislation, Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) and the Employeeemployee’s appropriate Agreement rateordinary weekly rate of pay, or, where the incapacity is for a lesser period than one week (1) weekthat is, periods of eligible partial incapacity), the difference between the amount of compensation and the Agreement ordinary rate of pay for that period. Weekly payment means (c) the amount the Employee would have earned if he employer shall pay, or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX must pay cause to be paid, accident make-up pay payment during the incapacity of the Employee employee within the meaning of the said appropriate workers’ compensation legislation Act or Ordinance until whichever occurs sooner of such incapacity ceasing, ceases or until the expiration of a period of 52 39 weeks from the date of injury. Payment will prescribed shall apply only in respect of an incapacity which results from an injury which is current during the first salary pay period commencing on or after, after or which occurs subsequent to that salary pay period. 35.5 The (d) the liability of AHPRA the employer to pay accident make-up pay payment in accordance with this clause arises shall arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The Act or Ordinance, and the termination of the Employeeemployee’s employment for any reason during the period of any incapacity will shall in no way affect the liability of AHPRA the employer to pay accident make-up payment as provided in this clause. 35.6 In the event that the Employee receives a lump sum in redemption of weekly payments under the appropriate workers’ compensation legislation, the liability of AHPRA to pay accident make-up pay will cease from the date of such redemption.

Appears in 1 contract

Samples: Community Services Enterprise Agreement

ACCIDENT MAKE-UP PAY. ‌ 35.1 All Employees covered by this Agreement will have access to accident Accident make-up pay in accordance with this clause. 35.2 AHPRA must pay an Employee accident make-up pay where the Employee received an injury for which weekly means a payment of compensation is payable by or on behalf of XXXXX pursuant to the provisions of the appropriate workers’ compensation legislation, as amended from time to time. 35.3 ‘Accident make-up pay’ means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the Employee employee pursuant to the appropriate workers’ compensation legislation, Victorian Accident Compensation Act and the Employeeemployee’s appropriate Agreement rateordinary rate of pay as defined, or, or where the incapacity is for a lesser period than one (1) week, week the difference between the amount of such compensation and the Agreement ordinary rate of pay for that period. Weekly payment means the amount the Employee would have earned if he The employer shall pay or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX must pay accident cause to be paid make-up pay during the incapacity of the Employee employee within the meaning of the appropriate workers’ compensation legislation until whichever occurs sooner of such incapacity ceasing, or until the expiration Victorian Accident Compensation Act. Such payment shall not be paid: in excess of a continuous period of 52 39 weeks; or in excess of an aggregate period of 39 weeks from the date of injury. Payment will apply only in respect of an incapacity which results from an a particular injury which is current during or incapacity; without the first salary period commencing on or after, or which occurs subsequent to that salary period. 35.5 approval of the employer. The liability of AHPRA the employer to pay accident make-up pay in accordance with this clause arises shall arise as at the date of the injury or accident in respect of which compensation is payable under and the said appropriate workers’ compensation legislation. The termination of the Employeeemployee’s employment for any reason during the period of any incapacity will shall in no way affect the liability of AHPRA the employer to pay accident make-up payment pay as provided in this clause. 35.6 . In the event that the Employee employee receives a lump sum in redemption of weekly payments under the appropriate workers’ compensation legislation, Victorian Accident Compensation Act the liability of AHPRA the employer to pay accident make-up pay will in relation to that injury shall cease from the date of such redemption. The employee shall repay any payments made in settlement of a claim for civil damages in connection with the injury to the extent that the judgement or settlement specifically compensates the injured employee for make-up payments made under this clause. Where an employee is off duty as a result of an injury or accident for which the employer is liable for make-up pay under this clause, such employee shall be entitled to return to duty on alternate duties should the employee’s treating medical practitioner so recommend for the purposes of rehabilitation, and provided suitable work is available without prejudice to other employees. For an injury incurred prior to the proclamation of the Accident Compensation Act 1985, reference to that Act shall be deemed to be references to the Workers Compensation Act.

Appears in 1 contract

Samples: Enterprise Agreement

ACCIDENT MAKE-UP PAY. 35.1 All Employees employees covered by this Agreement will have access to accident make-up pay in accordance with this clause. 35.2 AHPRA Ahpra must pay an Employee employee accident make-up pay where the Employee employee received an injury for which weekly payment of compensation is payable by or on behalf of XXXXX Xxxxx pursuant to the provisions of the appropriate workers’ compensation legislation, as amended from time to time. 35.3 ‘Accident make-up pay’ means a weekly payment of amount being the difference between the weekly amount of compensation paid to the Employee employee pursuant to the appropriate workers’ compensation legislation, and the Employeeemployee’s appropriate Agreement rate, or, where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation and the Agreement rate for that period. Weekly payment means the amount the Employee employee would have earned if he or she they had not been in receipt of workers’ compensation payments. 35.4 XXXXX Ahpra must pay accident make-up pay during the incapacity of the Employee employee within the meaning of the appropriate workers’ compensation legislation until whichever occurs sooner of such incapacity ceasing, or until the expiration of a period of 52 weeks from the date of injury. Payment will apply only in respect of an incapacity which results from an injury which is current during the first salary period commencing on or after, or which occurs subsequent to that salary period. 35.5 The liability of AHPRA Ahpra to pay accident make-up pay in accordance with this clause arises as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The termination of the Employeeemployee’s employment for any reason during the period of any incapacity will in no way affect the liability of AHPRA Ahpra to pay accident make-up payment as provided in this clause. 35.6 In the event that the Employee employee receives a lump sum in redemption of weekly payments under the appropriate workers’ compensation legislation, the liability of AHPRA Ahpra to pay accident make-make- up pay will cease from the date of such redemption.

Appears in 1 contract

Samples: Enterprise Agreement

ACCIDENT MAKE-UP PAY. 19.1 In addition to any statutory entitlements to Worker’s Compensation under the State Legislation, a Flight Attendant will be paid make-up pay. 35.1 All Employees covered by 19.2 Make-up pay will: 19.2.1 be an amount of money equal to the difference between the Flight Attendant's Workers' Compensation entitlements and the amount of salary plus regular allowances that would have been received had the Flight Attendant been at work for the period concerned. Provided that it will not apply during any period of paid leave; 19.2.2 be payable for a maximum period or aggregate of periods up to 52 weeks in respect of incapacity arising from any one injury or illness; 19.2.3 be paid through normal pay roll procedures or according to alternative arrangements mutually agreed between the Flight Attendant and the Company. 19.3 If no specific earnings figure can be ascertained, the figure used will be the average earnings over the previous three months or such lesser period of time during which the Flight Attendant has been employed. 19.4 Nothing in this Agreement clause will have access affect the right of the Company to accident terminate a Flight Attendant's employment in accordance with clause 15 - Termination of employment. Provided that no Flight Attendant will be terminated as a result of having received make-up pay in accordance with this clause. 35.2 AHPRA must pay an Employee accident or as a means of avoiding make-up pay where obligations on the Employee received an injury for which weekly payment of compensation is payable by or on behalf of XXXXX pursuant to the provisions part of the appropriate workers’ compensation legislation, as amended from time to timeCompany. 35.3 ‘Accident make-up pay’ means a weekly payment of amount being the difference between the weekly amount of compensation paid to the Employee pursuant to the appropriate workers’ compensation legislation, and the Employee’s appropriate Agreement rate, or, where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation and the Agreement rate for that period. Weekly payment means the amount the Employee would have earned if he or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX must pay accident make-up pay during the incapacity of the Employee within the meaning of the appropriate workers’ compensation legislation until whichever occurs sooner of such incapacity ceasing, or until the expiration of a period of 52 weeks from the date of injury. Payment will apply only in respect of an incapacity which results from an injury which is current during the first salary period commencing on or after, or which occurs subsequent to that salary period. 35.5 The liability of AHPRA to pay accident make-up pay in accordance with this clause arises as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The termination of the Employee’s employment for any reason during the period of any incapacity will in no way affect the liability of AHPRA to pay accident make-up payment as provided in this clause. 35.6 19.5 In the event that the Employee a Flight Attendant receives a lump sum in redemption of weekly payments under the appropriate workers’ statutory compensation legislationentitlements, the liability of AHPRA the Company to pay accident make-make- up pay will cease from the date of such redemption. 19.6 Where the Flight Attendant recovers damages from the Company or from a third party in respect of a compensable injury independently of statutory entitlements, they will be liable to repay the amount of make-up pay which the Flight Attendant has received in respect of the illness or injury and will have no further make-up pay entitlements in respect of the injury or illness.

Appears in 1 contract

Samples: Enterprise Bargaining Agreement

ACCIDENT MAKE-UP PAY. ‌ 35.1 All Employees covered by this Agreement will have access to 23.1 The conditions under which an employee shall qualify for accident make-up pay in accordance with this clause.are as follows: 35.2 AHPRA must (a) The employer shall pay an Employee employee accident make-up pay where the Employee received employee receives an injury for which weekly payment of compensation is payable by or on behalf of XXXXX the employer pursuant to the provisions of the appropriate workers’ compensation legislation, Workplace Injury Rehabilitation and Compensation Act 2013 (Victoria) as amended from time to time. 35.3 ‘(b) Accident make-up pay’ pay means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the Employee employee pursuant to the appropriate workers’ compensation legislation, Workplace Injury Rehabilitation and Compensation Act 2013 (Victoria) and the Employeeemployee’s appropriate Agreement rate, or, where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation and the said Agreement rate for that period. Weekly payment means the amount the Employee would have earned if he or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX must pay (c) The employer shall pay, or cause to be paid, accident make-up pay payment during the incapacity of the Employee employee within the meaning of the appropriate workers’ compensation legislation Workplace Injury Rehabilitation and Compensation Act 2013 (Victoria) until whichever occurs sooner of such incapacity ceasing, ceases or until the expiration of a period of 52 thirty-nine (39) weeks from the date of injury. Payment will prescribed shall apply only in respect of an incapacity which results from an injury which is current during the first salary pay period commencing on or after, after the injury or which occurs subsequent to that salary pay period. 35.5 (d) The liability of AHPRA the employer to pay accident make-up pay payment in accordance with this clause arises shall arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The Workplace Injury Rehabilitation and Compensation Act 2013 (Victoria), and the termination of the Employeeemployee’s employment for any reason during the period of any incapacity will shall in no way affect the liability of AHPRA the employer to pay accident make-up payment as provided in this clause. 35.6 (e) In the event that the Employee employee receives a lump sum in redemption of weekly payments under the appropriate workers’ compensation legislation, Workplace Injury Rehabilitation and Compensation Act 2013 (Victoria) the liability of AHPRA the employer to pay accident make-up pay will payment as herein provided shall cease from the date of such redemption. (f) Nothing in this part shall required the employer to insure against his/her liability for accident pay.

Appears in 1 contract

Samples: Anmf Agreement

ACCIDENT MAKE-UP PAY. ‌ 35.1 All Employees covered by this Agreement The following definitions will have access to accident make-up pay in accordance with apply for the purposes of this clause.: 35.2 AHPRA must (a) Accident pay an Employee accident make-up pay where the Employee received an injury for which weekly payment of compensation is payable by or on behalf of XXXXX pursuant to the provisions of the appropriate workers’ compensation legislation, as amended from time to time. 35.3 ‘Accident make-up pay’ means a weekly payment of amount being made to an employee by the employer that is the difference between the weekly amount of compensation paid to the Employee an employee pursuant to the appropriate workers’ compensation legislation, and the Employee’s appropriate Agreement rate, or, where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation and the Agreement rate for that period. Weekly payment means the amount the Employee would have earned if he or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX must pay accident make-up pay during the incapacity of the Employee within the meaning of the appropriate applicable workers’ compensation legislation until whichever occurs sooner and the weekly amount that would have been received had the employee not been covered by this agreement and been on paid personal leave at the date of such incapacity ceasing, or until the expiration injury (not including over award payments) provided the latter amount is greater than the former amount. (b) Injury will be given the same meaning and application as applying under the applicable workers’ compensation legislation covering the employer. Entitlement to accident pay: The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’ compensation legislation for a maximum period of 52 weeks 26 weeks. Calculation of period: (a) The 26 week period commences from the date of injury. Payment In the event of more than one absence arising from one injury, such absences are to be cumulative in the assessment of the 26 week period. (b) The termination by the employer of the employee’s employment within the 26 week period will apply only not affect the employee’s entitlement to accident pay. (c) For a period of less than one week, accident pay (as defined) will be calculated on a pro rata basis. When not entitled to payment: An employee will not be entitled to any payment under this clause in respect of an incapacity which results from an injury which is current during the first salary any period commencing on of paid annual leave or afterlong service leave, or which occurs subsequent for any paid public holiday. Return to that salary period. 35.5 The liability of AHPRA work: If an employee entitled to accident pay accident make-up pay in accordance with under this clause arises as at returns to work on reduced hours or modified duties , the date amount of accident pay due will be reduced by any amounts paid for the injury or accident in respect performance of which compensation is payable under the said appropriate workers’ compensation legislationsuch work. The termination of the Employee’s employment for any reason during the period of any incapacity will in no way affect the liability of AHPRA to pay accident make-up payment as provided in this clause. 35.6 Redemptions: In the event that the Employee an employee receives a lump sum payment in redemption lieu of weekly payments under the appropriate applicable workers’ compensation legislation, the liability of AHPRA the employer to pay accident make-up pay will cease from the date the employee receives that payment. Damages Independent of the Acts: Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’ compensation legislation, such redemptionemployee will be liable to repay to the employer the amount of accident pay which the employer has paid under clause 4.7 and the employee will not be entitled to any further accident pay thereafter.

Appears in 1 contract

Samples: Employee Enterprise Agreement

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ACCIDENT MAKE-UP PAY. ‌ 35.1 All Employees covered by this Agreement will have access to accident make-up pay in accordance with this clause. 35.2 AHPRA must City West Water shall pay an Employee employee accident make-up pay where the Employee received an employee receives an injury for which weekly payment payments of compensation is are payable by or on behalf of XXXXX the Company pursuant to the provisions of the appropriate workers’ compensation legislation, as amended from time to timeAccident Compensation Act 1985. 35.3 ‘31.1 Accident make-up pay’ pay means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the Employee employee pursuant to the appropriate workers’ compensation legislation, Accident Compensation Act 1985 and the Employee’s appropriate Agreement rateemployee's ordinary rate of pay as defined, or, or where the incapacity is for a lesser period than one (1) week, week the difference between the amount of such compensation and the Agreement rate of pay for that period. Weekly payment means the amount the Employee would have earned if he or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX must 31.2 City West Water shall pay accident or cause to be paid make-up pay during the incapacity of the Employee employee within the meaning of the appropriate workers’ compensation legislation until whichever occurs sooner of such incapacity ceasing, or until the expiration Accident Compensation Act 1985. Such payment shall not be paid: 31.2.1 in excess of a continuous period of 52 weeks; or 31.2.2 in excess of an aggregate period of 52 weeks from the date of injury. Payment will apply only in respect of an incapacity which results from an a particular injury which is current during the first salary period commencing on or after, or which occurs subsequent to that salary periodincapacity. 35.5 The liability 31.3 At the expiration of AHPRA to pay 52 weeks on accident make-up pay an employee who is in receipt of a weekly amount pursuant to the Accident Compensation Act 1985 may use accrued leave entitlements to make up the difference between such payments and his/her ordinary rate of pay as defined. Provided that this provision shall not apply where WorkCover payments have been reduced in accordance with this clause arises as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The termination of the Employee’s employment for any reason during the period of any incapacity will in no way affect the liability of AHPRA to pay accident make-up payment as provided in this clauseAct. 35.6 31.4 In the event that the Employee employee receives a lump sum in redemption of weekly payments under the appropriate workers’ compensation relevant legislation, the liability of AHPRA the Company to pay accident make-up pay will in relation to that injury shall cease from the date of such redemption. The employee may repay any payments made in settlement of a claim for civil damages in connection with the injury to the extent that the judgment or settlement specifically compensates the injured employee for make-up payments made under this clause. 31.5 Where an employee is off duty as a result of an injury or accident for which the Company is liable for make-up pay under this clause, such an employee shall be entitled to return to duty on suitable alternate duties should the employee's treating medical practitioner so recommend for the purposes of rehabilitation, and provided suitable work is available without prejudice to other employees.

Appears in 1 contract

Samples: Collective Agreement

ACCIDENT MAKE-UP PAY. 35.1 All Employees 4.6.1 This clause shall apply to all weekly employees covered by this Agreement will have access to agreement and it shall apply only in respect of incapacity which results from an injury received on or after the date of the making of this agreement. 4.6.2 The circumstances under which an employee shall qualify for accident make-up pay in accordance with this clause.payments shall be as prescribed hereunder: 35.2 AHPRA must (a) The employer shall pay an Employee employee accident make-up pay payment where the Employee received employee receives an injury for which weekly payment of or compensation is payable by or on behalf of XXXXX the employer pursuant to the provisions of the appropriate workers’ compensation legislation, relevant Act as amended from time to time. The relevant Act means the Workers Rehabilitation and Compensation Act 1986. 35.3 ‘(b) Accident make-up pay’ payment means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the Employee pursuant to the appropriate workers’ compensation legislation, employee and the Employee’s appropriate Agreement rateemployee's usual rate of pay. Such payments shall exclude additional remuneration by way of overtime payments, or, where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation and the Agreement rate for that period. Weekly payment means the amount the Employee would have earned if he special rates or she had not been in receipt of workers’ compensation other similar payments. 35.4 XXXXX must pay (c) Accident make-up payment shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then subject to 4.5.2(e), and to the maximum period of payment prescribed in 4.5.2(d), accident make-up pay payment shall apply only to the period of incapacity after the first week. (d) The employer shall pay, or cause to be paid, accident make-up payment during the incapacity of the Employee employee within the meaning of the appropriate workers’ compensation legislation relevant Act until whichever occurs sooner of such incapacity ceasing, ceases or until the expiration of a period of 52 weeks from the date original occurrence of injury. Payment will apply only in respect of an incapacity which results from an such injury which is current during the whichever event shall first salary period commencing on or after, or which occurs subsequent to that salary periodoccur. 35.5 The (e) Subject to 4.5.2(c) the liability of AHPRA the employer to pay accident make-make- up pay payment in accordance with this clause arises shall arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The relevant Act and the termination of the Employee’s employee's employment for any reason during the period of any incapacity will shall in no way affect the liability of AHPRA the employer to pay accident make-up payment as provided in this clause. 35.6 (f) In the event that the Employee employee receives a lump sum in redemption of weekly payments under the appropriate workers’ compensation legislation, relevant Act the liability of AHPRA the employer to pay accident make-up pay will payment as herein provided shall cease from the date of such redemption. (g) The employer may at any time apply to the Australian Industrial Relations Commission for exemption from the terms of this clause on the grounds that an accident make-up payment scheme proposed and implemented by the employer contains provisions generally not less favourable to their employees than the provisions of this clause.

Appears in 1 contract

Samples: Workplace Agreement

ACCIDENT MAKE-UP PAY. ‌ 35.1 All Employees covered by this Agreement will have access 30.1 An employee who suffers an injury or illness causing partial or total incapacity for work and who receives compensation in respect of such incapacity pursuant to The Workplace Injury Rehabilitation and Compensation Act 2013 (the Act) or successor , shall be paid accident make-up pay in accordance with this clauseby the employer. 35.2 AHPRA must pay an Employee accident 30.2 Accident make-up pay where the Employee received an injury for which weekly is to be a payment of compensation is payable by or on behalf of XXXXX pursuant to the provisions of the appropriate workers’ compensation legislation, as amended from time to time. 35.3 ‘Accident make-up pay’ means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the Employee employee pursuant to the appropriate workers’ compensation legislation, Act and the Employeeemployee’s pre-injury average weekly earnings including all allowances, regular overtime and penalties. In the event of any disagreement regarding the appropriate Agreement rate, or, where the incapacity is for a lesser period than one (1) weekamount, the difference between average actual weekly pay over the amount past 12 months (or length of compensation and the Agreement rate for that period. Weekly payment means the amount the Employee would have earned employment if he or she had not been in receipt of workers’ compensation paymentsless) shall be used. 35.4 XXXXX must pay 30.3 The maximum period or aggregate periods of accident make-up pay during the incapacity to be made by an employer will total 1976 hours for an employee whose ordinary hours of the Employee within the meaning of the appropriate workers’ compensation legislation until whichever occurs sooner of such incapacity ceasing, or until the expiration of a period of 52 weeks from the date of injury. Payment will apply only in respect of an incapacity which results from an injury which is current during the first salary period commencing on or after, or which occurs subsequent to that salary period. 35.5 The liability of AHPRA to pay accident make-up pay in accordance with this clause arises as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers’ compensation legislation. The termination of the Employee’s employment work are 38 per week for any reason during the period of any incapacity will in no way affect the liability of AHPRA to pay accident make-up payment one injury as provided in this clause. 35.6 defined. In the event that the Employee ordinary hours of work are more or less than 38 hours per week, the hours of make-up pay should be adjusted proportionately. • The employer will continue to pay superannuation contributions while an employee receives a lump sum in redemption weekly compensation and accident make-up pay. The maximum period or aggregate periods of superannuation contributions will not exceed 52 weeks for any one injury. • Should there be an increase to employment entitlements used to calculate the employee’s pre-injury average weekly payments earnings, whether under this Agreement, the appropriate workers’ compensation Award or legislation, the liability of AHPRA to pay accident make-up pay will cease from be adjusted accordingly. • An employer must not terminate the date employment of such redemptionan employee on accident make-up pay for a minimum period of 1976 hours and thereafter only where the employee cannot meet the inherent requirements of the role and where the assignment of new or modified duties are unreasonable. • Any dispute in relation to this clause shall be resolved using the dispute resolution procedure. If a dispute is notified to the employer under this clause, the status quo ante must prevail.

Appears in 1 contract

Samples: Enterprise Agreement

ACCIDENT MAKE-UP PAY. ‌ 35.1 18.1 All Employees covered by this Agreement will have access to accident make-make- up pay in accordance with this clause. 35.2 AHPRA 18.2 Outlook must pay an Employee accident make-up pay where the Employee received receives an injury for which weekly payment of compensation is payable by or on behalf of XXXXX Outlook pursuant to the provisions of the appropriate workers' compensation legislation, as amended from time to time. 35.3 18.3 ‘Accident make-up pay' means a weekly payment of an amount being the difference between the weekly amount of compensation paid to the Employee pursuant to the appropriate workers' compensation legislation, and the Employee’s appropriate Agreement rate, or, where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation and the Agreement rate for that period. Weekly payment means the amount the Employee would have earned if he or she had not been in receipt of workers’ compensation payments. 35.4 XXXXX 18.4 Outlook must pay accident make-up pay during the incapacity of the Employee within the meaning of the appropriate workers' compensation legislation until whichever occurs sooner of such incapacity ceasing, or until the expiration of a period of 52 26 weeks from the date of injury. Payment will apply only in respect of an incapacity which results from an injury which is current during the first salary period commencing on or after, or which occurs subsequent to to, that salary period. 35.5 18.5 The liability of AHPRA Outlook to pay accident make-up pay in accordance with this clause arises as at the date of the injury or accident in respect of which compensation is payable under the said appropriate workers' compensation legislation. The termination of the Employee’s employment for any reason during the period of any incapacity will in no way affect the liability of AHPRA Outlook to pay accident make-up payment as provided in this clause. 35.6 18.6 In the event that the Employee receives a lump sum in redemption of weekly payments under the appropriate workers' compensation legislation, the liability of AHPRA Outlook to pay accident make-up pay will cease from the date of such redemption.

Appears in 1 contract

Samples: Enterprise Agreement

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