Accident Make. Up Pay will not apply in some circumstances (a) in respect of any injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up pay will apply from the first day of the incapacity; (b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks; (c) during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner; (d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the injury on engagement: (i) following a request to do so by the Employer; and (ii) the Employer providing the Employee details of the requirements of the position; and (iii) where the Employee knew, or ought to have known, that the nature of the injury, may impact on the ability of the Employee to undertake the work; (e) where the injury subject to recurrence, aggravation or acceleration as provided under workers’ compensation legislation or industrial diseases contracted by a gradual process, unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month; (f) where in accordance with the WIRC Act a medical practitioner provides information to an Employer of an Employee’s fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee; (g) when the claim has been ceased or redeemed in accordance with the WIRC Act; (h) in respect of any paid leave of absence.
Appears in 7 contracts
Samples: Enterprise Agreement, Enterprise Agreement, Enterprise Agreement
Accident Make. Up Pay will not apply in some circumstances
(a) in respect of any injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up pay will apply from the first day of the incapacity;
(b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks;
(c) during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner;
(d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the injury on engagement:
(i) following a request to do so by the Employer; and
(ii) the Employer providing the Employee details of the requirements of the position; and
(iii) where the Employee knew, or ought to have known, that the nature of the injury, injury may impact on the ability of the Employee to undertake the work;
(e) where the injury subject to recurrence, aggravation or acceleration as provided under workers’ ' compensation legislation or industrial diseases contracted by a gradual process, unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month;
(f) where in accordance with the WIRC Act a medical practitioner provides information to an Employer of an Employee’s 's fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee;
(g) when the claim has been ceased or redeemed in accordance with the WIRC Act;; or
(h) in respect of any paid leave of absence.
Appears in 4 contracts
Samples: Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Nurses and Midwives (Victorian Public Sector) (Single Interest Employers) Enterprise Agreement 2020 2024, Enterprise Agreement
Accident Make. Up Pay will not apply in some circumstances
(a) in respect of any injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up pay will apply from the first day of the incapacity;
(b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks;
(c) during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner;
(d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the injury on engagement:
(i) following a request to do so by the Employer; and
(ii) the Employer providing the Employee details of the requirements of the position; and
(iii) where the Employee knew, or ought to have known, that the nature of the injury, may impact on the ability of the Employee to undertake the work;
(e) where the injury subject to recurrence, aggravation or acceleration as provided under workers’ ' compensation legislation or industrial diseases contracted by a gradual process, unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month;
(f) where in accordance with the WIRC Act a medical practitioner provides information to an Employer of an Employee’s 's fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee;
(g) when the claim has been ceased or redeemed in accordance with the WIRC Act;; or
(h) in respect of any paid leave of absence.
Appears in 2 contracts
Samples: Enterprise Agreement, Enterprise Agreement
Accident Make. Up Pay UP PAY
i) Where an employee becomes entitled to weekly compensation payments pursuant to the Accident Compensation Act 1985 (the Act), Publicis Loyalty will not apply in some circumstancespay to the employee an amount equivalent to the difference between:
(a) in respect the level of weekly compensation and any injury during weekly wages earned or able to be earned if partially incapacitated; and
b) the first five amount that would have been payable under this Agreement for the classification of work if the employee had been performing their normal working days duties, but shall exclude additional remuneration by way of incapacityshift loadings, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up overtime payments, fares and travelling allowance or other similar payments.
ii) Accident pay will apply from the first day of the incapacity;shall not apply:
(ba) to any incapacity occurring during the first two weeks of employment unless that such incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks;
(cb) during any period when the Employee fails to comply where in accordance with the requirements Accident Compensation Act a medical practitioner provides information to Publicis Loyalty of the WIRC Act with regard to examination employee's fitness for work or specifies work for which an employee has a capacity and such work is made available by Publicis Loyalty but not commenced by an employee.
iii) Industrial diseases contracted by a medical practitioner;
(d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation gradual process or deterioration, and the Employee failed to disclose the injury on engagement:
(i) following a request to do so by the Employer; and
(ii) the Employer providing the Employee details of the requirements of the position; and
(iii) where the Employee knew, or ought to have known, that the nature of the injury, may impact on the ability of the Employee to undertake the work;
(e) where the injury injuries subject to recurrence, aggravation or acceleration as provided under workers’ compensation legislation or industrial diseases contracted by a gradual process, shall not be subject to the accident pay unless the Employee employee has been employed with the Employer Publicis Loyalty at the time of the incapacity for a minimum period of one month;.
(fiv) where in accordance with The maximum period or aggregate of periods of accident pay to be made by Publicis Loyalty shall be a total of 26 weeks for any one injury.
v) Where an employee receives a weekly payment under this clause and subsequently such payment is reduced pursuant to the WIRC Act a medical practitioner provides information Act, such reduction will not render Publicis Loyalty liable to an Employer increase the amount of an Employee’s fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee;
(g) when the claim has been ceased or redeemed in accordance with the WIRC Act;
(h) accident pay in respect of any paid leave that injury.
vi) Entitlement to accident pay ceases on termination of absencethe employee's employment, except where such termination:
a) is by Publicis Loyalty other than for reason of the employee's serious and/or wilful misconduct; or
b) arises from a declaration of bankruptcy or liquidation of Publicis Loyalty, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine.
Appears in 1 contract
Samples: Enterprise Agreement
Accident Make. Up Pay will not apply in some circumstances
(a) in respect of any injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case accident make-up pay will apply from the first day of the incapacity;
(b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case accident make-up pay will apply only to the period of incapacity after the first two weeks;
(c) during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner;
(d) where the injury for which the Employee is receiving weekly compensation payments is a pre-existing injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the injury on engagement:
(i) : following a request to do so by the Employer; and
(ii) and the Employer providing the Employee details of the requirements of the position; and
(iii) and where the Employee knew, or ought to have known, that the nature of the injury, may impact on the ability of the Employee to undertake the work;
(e) where the injury subject to recurrence, aggravation or acceleration as provided under workers’ compensation legislation or industrial diseases contracted by a gradual process, unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month;
(f) where in accordance with the WIRC Act a medical practitioner provides information to an Employer of an Employee’s fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee;
(g) when the claim has been ceased or redeemed in accordance with the WIRC Act;
(h) in respect of any paid leave of absence.
Appears in 1 contract
Samples: Enterprise Agreement