Common use of ACCIDENT PAY Clause in Contracts

ACCIDENT PAY. i) Total Incapacity - In the case of an employee who is or deemed to be totally incapacitated within the meaning of the Workers Compensation Act (hereinafter referred to as the Act) 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 Section 9.1(b)(i) of the Act for the week in question and the total ordinary Weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payment. ii) Partial Incapacity - In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation Act 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 Section 9.1(b)(ii) of the Act 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 (and determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) and the total ordinary weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payments. The total ordinary weekly rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to Section 9.6(1) of the Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect to that injury. iii) For purposes of the calculation of the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. iv) Payment for part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958.

ACCIDENT PAY. (i) Total Incapacity incapacity - In the case of an employee who is or deemed to be totally incapacitated within the meaning of the Workers Accident Compensation Act 1985 (hereinafter referred to as the Act) 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 Section 9.1(b)(i) 93 of the Act for the week in question and the total ordinary Weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he he/she had been performing his his/her normal duties; duties provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, fares and travelling allowance, special rates or other similar paymentpayments. (ii) Partial Incapacity - In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Accident Compensation Act 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 Section 9.1(b)(ii) 93 of the Act 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 (and as determined expressly or by implication by the Workers Compensation Board or Victorian Workcover Authority as agreed between the parties) and the total ordinary weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of or work for the week in question if he be/she had been performing his his/her normal duties; duties provided that such latter latter, rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, fares and travelling allowance, special rates or other similar payments. The total ordinary weekly rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this Section section and subsequently such payment is reduced pursuant to Section 9.6(1) 93 of the Act, such reduction will not increase the liability of the employer Hospital to increase the amount of accident pay in respect to of that injury. (iii) For purposes of the calculation of the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. iv) Payment for part Part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958.

ACCIDENT PAY. i) Total Incapacity - In the case of Where an employee who is or deemed becomes entitled to be totally incapacitated within weekly compensation payments pursuant to the meaning of relevant accident compensation act presently in force in the Workers Compensation Act (hereinafter referred to as the Act) States and arising from an injury areas covered by this clause means a weekly payment of agreement the employer will pay to the employee an amount representing equivalent to the difference between the total between: (a) The level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and (b) The amount of compensation paid under Section 9.1(b)(i) of the Act for the week in question and the total ordinary Weekly rate and weekly over-award payment for a day worker which that would have been payable under this Agreement agreement for the employee's normal classification of work for if the week in question if he employee had been performing his their normal duties; provided that such latter . The rate shall to be paid to the employee will exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payment. ii) Partial Incapacity - In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation Act 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 Section 9.1(b)(ii) of the Act 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 (and determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) and the total ordinary weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, special rates, fares and travelling allowance, special rates traveling allowance or other similar paymentspayments but will not exclude piece or bonus work earnings during ordinary hours. Accident make-up pay shall not apply; (i) In respect of any injury during the first five normal working days of incapacity; (ii) To any incapacity occurring during the first three weeks of employment unless that incapacity continues beyond the first three weeks; (iii) During any period when the employee fails to comply with the requirements of the Act with regard to examination by a legally qualified medical practitioner; (iv) Where the injury for which the employee is receiving weekly compensation payments is a pre-existing injury which work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration and the employee failed to disclose the injury on engagement following a request to do so by the employer in circumstances where the employee knew or ought to have known about the nature of the injury; (v) Where in accordance with the 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; (vi) When the claim has been commuted or redeemed in accordance with the Act; or (vii) In respect of any period of annual leave, long service leave or for any paid public holiday. The total ordinary weekly rate and weekly overmaximum period or aggregate of periods of accident make-award payment above mentioned shall up pay to be the same as that applying for made by an employer will be a total incapacity provided that where of 39 weeks for any one injury. Where an employee receives a weekly payment under this Section section and subsequently such that payment is reduced pursuant to Section 9.6(1) of the Act, such that reduction will not increase the liability of render the employer liable to increase the amount of accident pay in respect to of that injury. iii) For purposes . An entitlement to accident make-up pay cease on termination of the calculation employee’s employment, except where such termination: a) Is by the employer other than for reason of the total ordinary weekly rate employee’s serious and weekly over-award payment in paragraphs (iwillful misconduct; or b) and (ii) herein payments made to an employee arising Arises from a production incentive earnings scheme (whether arising from a payment by resultdeclaration of bankruptcy or liquidation of the employer, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and which case the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. iv) Payment for part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount employee’s entitlement shall be a direct pro rata. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference referred to the Workers Compensation Act 1958 shall be deemed Australian Industrial Relations Commission to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958determine.

ACCIDENT PAY. (a) This clause shall apply to all employees covered by this award in respect of incapacity resulting from a work related injury. (b) The circumstances determining an employee's entitlement to accident make up pay shall be as follows: (i) Total Incapacity - In An employee shall receive accident make-up payment when the employee suffers an injury for which weekly compensation payments are payable pursuant to the provisions of the appropriate Workers' Compensation Acts, as amended. (ii) An employer shall pay, or cause to be paid, accident make-up payment during the incapacity of the employee, within the meaning of the said appropriate Act, until such incapacity ceases. (iii) The liability of the employer to pay accident make-up pay in accordance with the clause shall arise as at the date of the injury or accident in respect to which compensation is payable under the said appropriate Acts. This obligation shall continue whilst the employer is liable to pay compensation under the Act. (iv) Accident pay shall only be payable to an employee whilst such an employee remains in the employment of the employer by whom he was employed at the time of the incapacity and then only for such period as he receives a weekly payment under the Act. Provided further that in the case of termination of an employee who is or deemed incapacitated and receiving accident make up pay, such payment shall continue to be totally incapacitated within apply except where: - the meaning termination is due to serious and/or wilful misconduct on the part of the Workers Compensation Act (hereinafter referred to as the Act) and arising employee; or - arises from an injury covered by this clause means a weekly payment declaration of an amount representing the difference between the total amount of compensation paid under Section 9.1(b)(i) liquidation of the Act for the week company in question and the total ordinary Weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for case the employee's normal classification of work entitlement shall be considered by the parties to the award. To qualify for the week in question continuation of accident make-up pay on termination, an employee shall if he had been performing required provide evidence to his normal duties; provided that such latter rate shall exclude additional remuneration by way employer of attendance bonus the continuing payment of weekly compensation payments, overtime payments, fares and travelling allowance, special rates or other similar payment. ii(v) Partial Incapacity - In Accident make-up pay shall not apply in respect of any injury during the case first 5 normal working days of an incapacity. (vi) Accident make-up pay shall not apply to any incapacity occurring during the first three weeks of employment unless such incapacity extends beyond the first three weeks and then, subject to the above, accident make up pay shall apply only to the period of incapacity after the first three weeks. Provided that as to industrial diseases contracted by gradual process of injuries subject to recurrence, aggravations or accelerations shall not be subject to accident make-up pay unless the employee who is or deemed to be partially incapacitated within has been employed at the meaning time of the Workers Compensation Act incapacity for a minimum period of one month. (vii) An employee on engagement may be required to declare all workers compensation claims made in the previous 5 years and arising from an injury covered in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit his entitlement to accident make-up pay provided by this clause means a weekly payment clause. (c) The maximum period of an amount representing the difference between the total amount aggregate of compensation paid under Section 9.1(b)(ii) periods of the Act 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 (and determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) and the total ordinary weekly rate and weekly overmake-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payments. The total ordinary weekly rate and weekly over-award payment above mentioned up pay shall be the same as that applying for a total incapacity provided that where an of 52 weeks for any one injury. (d) An employee receives a weekly shall not be entitled to payment under this Section and subsequently such payment is reduced pursuant to Section 9.6(1) of the Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect to that injuryof any period of other paid leave of absence. iii(e) For purposes An employee upon receiving an injury for which he claims to be entitled to receive accident pay shall give notice in writing of the calculation of said injury to his employer as soon as reasonably practicable after the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into accountoccurrence thereof; provided that where such notice may be given by a representative of the employee. (f) In order to receive entitlement to accident pay, an employee is not in receipt shall conform to the requirements of any form of weekly over-award paymentthe Act as to medical examination. Where, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions Act, a medical referee gives a certificate as to the condition of sub-clause M the employee and his fitness for work or specifies work for which the employee is fit and such work is made available by the employer and refused by the employee or the employee fails to commence the work, accident pay shall cease from the date of this clausesuch refusal or failure to commence the work. iv(g) Payment for part Where there is a redemption of a Week - Where an employee receives weekly compensation payments under the Act, the employer's liability to pay accident pay and shall cease as from the date of such pay is payable for incapacity for part of a week the amount shall be a direct pro rataredemption. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958.

ACCIDENT PAY. i) Total Incapacity - In the case of Where an employee who is or deemed becomes entitled to be totally incapacitated within weekly compensation payments pursuant to the meaning of relevant accident compensation act presently in force in the Workers Compensation Act (hereinafter referred to as the Act) States and arising from an injury areas covered by this clause means a weekly payment of agreement (“the Act”), the employer will pay to the employee an amount representing equivalent to the difference between the total between: (a) The level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and (b) The amount of compensation paid under Section 9.1(b)(i) of the Act for the week in question and the total ordinary Weekly rate and weekly over-award payment for a day worker which that would have been payable under this Agreement agreement for the employee's normal classification of work for if the week in question if he employee had been performing his their normal duties; provided that such latter . The rate shall to be paid to the employee will exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payment. ii) Partial Incapacity - In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation Act 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 Section 9.1(b)(ii) of the Act 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 (and determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) and the total ordinary weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, special rates, fares and travelling allowance, special rates traveling allowance or other similar paymentspayments but will not exclude piece or bonus work earnings during ordinary hours. Accident make-up pay shall not apply; (i) In respect of any injury during the first five normal working days of incapacity; (ii) To any incapacity occurring during the first three weeks of employment unless that incapacity continues beyond the first three weeks; (iii) During any period when the employee fails to comply with the requirements of the Act with regard to examination by a legally qualified medical practitioner; (iv) Where the injury for which the employee is receiving weekly compensation payments is a pre-existing injury which work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration and the employee failed to disclose the injury on engagement following a request to do so by the employer in circumstances where the employee knew or ought to have known about the nature of the injury; (v) Where in accordance with the 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; (vi) When the claim has been commuted or redeemed in accordance with the Act; or (vii) In respect of any period of annual leave, long service leave or for any paid public holiday. The total ordinary weekly rate and weekly overmaximum period or aggregate of periods of accident make-award payment above mentioned shall up pay to be the same as that applying for made by an employer will be a total incapacity provided that where of 39 weeks for any one injury. Where an employee receives a weekly payment under this Section section and subsequently such that payment is reduced pursuant to Section 9.6(1) of the Act, such that reduction will not increase the liability of render the employer liable to increase the amount of accident pay in respect to of that injury. iii) For purposes . An entitlement to accident make-up pay cease on termination of the calculation employee’s employment, except where such termination: a) Is by the employer other than for reason of the total ordinary weekly rate employee’s serious and weekly over-award payment in paragraphs (iwillful misconduct; or b) and (ii) herein payments made to an employee arising Arises from a production incentive earnings scheme (whether arising from a payment by resultdeclaration of bankruptcy or liquidation of the employer, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and which case the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. iv) Payment for part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount employee’s entitlement shall be a direct pro rata. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference referred to the Workers Compensation Act 1958 shall be deemed Australian Industrial Relations Commission to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958determine.

ACCIDENT PAY. i(a) Total Incapacity - incapacity In the case of an employee who is or deemed to be totally incapacitated within the meaning of the relevant Workers Compensation Act (hereinafter referred to as the Act) 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 Section 9.1(b)(i) of the Act for the week in question and the total ordinary Weekly weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he he/she had been performing his his/her normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, fares and travelling allowance, special rates or other similar payment. ii(b) Partial Incapacity - incapacity In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation Act 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 Section 9.1(b)(ii) of the Act 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 (and as determined expressly or by implication by the relevant Workers Compensation Board authority or as agreed between the parties) and the total ordinary weekly wage rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he he/she had been performing his his/her normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, fares and travelling allowance, special rates or other similar payments. The total ordinary weekly wage rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to the relevant Section 9.6(1) of the Act, such reduction will not increase the liability of the employer Operator to increase the amount of accident pay in respect to that injury. iii) For purposes of the calculation of the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. ivc) Payment for part of a Week - week Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata. v(d) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation relevant Act 1985 and any reference to the Accident Compensation relevant Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958relevant Act.

ACCIDENT PAY. i) i. Total Incapacity - Incapacity: In the case of an employee Employee who is or deemed to be totally incapacitated within the meaning of the appropriate State Workers Compensation Act Legislation or Territory (hereinafter referred to as "the Act") 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 Section 9.1(b)(i) of the relevant Act for the week in question and the total ordinary Weekly of the normal weekly Agreement rate and weekly over-award payment for a day worker which would have been payable under this Agreement to a day worker for the employeeEmployee's normal classification of work for the week in question if he the Employee had been performing his or her normal duties; provided .. Provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentspayment, shift premiums, overtime payments, fares and travelling allowance, special rates or other similar paymentpayments. ii) . Partial Incapacity - Incapacity: In the case of an employee Employee who is or is deemed to be partially incapacitated within the meaning of the Workers Compensation Act 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 Section 9.1(b)(ii) of the relevant Act for the period in question question, together with the average weekly amount the employee Employee is earning or is able to earn in some suitable employment or business (and determined expressly or by implication by the Workers Workers' Compensation Board Tribunal or as agreed between the parties) parties and the total ordinary of the normal weekly Agreement rate and weekly over-award payment for a day worker which would have been payable under this Agreement to a worker for the employeeEmployee's normal classification of work for the week in question if he the Employee had been performing his or her normal duties; provided . Provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, fares and travelling allowanceallowances, special rates or other similar payments. iii. The total ordinary 38 hour weekly Agreement rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee Employee receives a weekly payment under this Section clause and subsequently such payment is reduced pursuant to Section 9.6(1) of under the relevant Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect to of that injury. iii) For purposes of the calculation of the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. iv) . Payment for part Part of a Week - Week: Where an employee Employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro ratarata payment. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958.

ACCIDENT PAY. (i) Total Incapacity - incapacity In the case of an employee Employee who is or deemed to be totally incapacitated within the meaning of the Workers Workplace Injury Rehabilitation and Compensation Act 2013 (hereinafter referred to as the WIRC Act) 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 Section 9.1(b)(i) of the WIRC Act for the week in question and the total weekly ordinary Weekly rate and weekly over-award over Agreement payment for a day worker Employee which would have been payable under this Agreement part for the employeeEmployee's normal classification of work for the week in question if he they had been performing his their normal duties; duties provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, fares and travelling allowance, special rates or other similar paymentpayments. (ii) Partial Incapacity - incapacity In the case of an employee Employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation WIRC Act 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 Section 9.1(b)(ii) of the WIRC Act for the period in question together with the average weekly amount the employee Employee is earning or is able to earn in some suitable employment or business (and as determined expressly or by implication by the Workers Accident Compensation Board Conciliation Service or as agreed between the parties) and the total weekly ordinary weekly rate and weekly over-award Agreement payment for a day worker Employee which would have been payable under this Agreement part for the employeeEmployee's normal classification of work for the week in question if he they had been performing his their normal duties; duties provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, fares and travelling allowance, special rates or other similar payments. . (iii) The total weekly ordinary weekly rate and weekly over-award Agreement payment above mentioned abovementioned shall be the same as that applying for a total incapacity provided that where an employee Employee receives a weekly payment under this Section section and subsequently such payment is reduced pursuant to Section 9.6(1) of the Act, WIRC Act such reduction will not increase the liability of the employer Employer to increase the amount of accident pay in respect to of that injury. iii(iv) For the purposes of the calculation of the total weekly ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein Agreement rate, payments made to an employee Employee arising from a production incentive earnings scheme (whether arising from a payment by resultresults, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. iv(v) Payment for part of a Week - week (vi) Where an employee Employee receives accident pay and such pay is payable for incapacity for part of a the week the amount shall be a direct pro rata. v(vii) Where Injury shall be given the same meaning and application as applying under the WIRC Act, and no injury shall result in the application of accident pay unless an entitlement to Accident Make-up Pay arises exists under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958WIRC Act.

ACCIDENT PAY. i) Total Incapacity - In the case 8.1.1 This clause shall apply to all employees covered by this Agreement, and it shall apply only in respect of an employee who is or deemed to be totally incapacitated within the meaning of the Workers Compensation Act (hereinafter referred to as the Act) and arising incapacity which results from an injury covered received on or after the date of operation. 8.1.2 The circumstances under which an employee shall qualify for accident make-up payment shall be as prescribed hereunder: (a) The Employer shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by this clause or on behalf of the Employer pursuant to the provisions of the appropriate Workers' Compensation Acts, as amended from time to time. (b) Accident make-up payment means a weekly payment of an amount representing being the difference between the total weekly amount of compensation paid under Section 9.1(b)(i) of to the employee pursuant to the said appropriate Workers' Compensation Act for the week in question and the total ordinary Weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for the employee's normal classification appropriate 38 hour Agreement rate, or where the incapacity is for a lesser period than one week, the difference between the amount of work compensation and the said Agreement rate for the week in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar paymentperiod. ii(c) Partial Incapacity - In the case of an employee who is The Employer shall pay, or deemed cause to be partially incapacitated paid, accident make-up payment during the incapacity of the employee within the meaning of the Workers Compensation Act and arising from an injury covered by said (d) The liability of the Employer to pay accident make-up payment in accordance with this clause means a weekly payment of an amount representing shall arise as at the difference between the total amount of compensation paid under Section 9.1(b)(ii) date of the Act for injury or accident in respect of which compensation is payable under 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 (and determined expressly or by implication by the Workers Compensation Board or as agreed between the parties) said appropriate Acts, and the total ordinary weekly rate and weekly over-award payment for a day worker which would have been payable under this Agreement for termination of the employee's normal classification employment for any reason during the period of work for the week any incapacity shall in question if he had been performing his normal duties; provided that such latter rate shall exclude additional remuneration by no way of attendance bonus payments, overtime payments, fares and travelling allowance, special rates or other similar payments. The total ordinary weekly rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to Section 9.6(1) of the Act, such reduction will not increase affect the liability of the employer Employer to increase the amount of pay accident pay make-up payment as provided in respect to that injurythis clause. iii(e) For purposes In the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of the calculation of Employer to pay accident make-up payment as herein provided shall cease from the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount date of such payments redemption. (f) The Employer may at any time apply to be included in the rate Australian Industrial Relations Commission for exemption from the terms of this clause on the grounds that an accident pay shall in the absence of agreement be determined in accordance with make-up payment scheme proposed and implemented by that Employer contains provisions generally not less favourable to his/her employees than the provisions of sub-clause M of this clause. iv) Payment for part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958.

ACCIDENT PAY. i(a) Total Incapacity - incapacity: In the case of an employee who is or deemed to be totally incapacitated within the meaning of the Workers Compensation Act (hereinafter referred to as the Act) 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 Section section 9.1(b)(i) of the Workers Compensation Act for the week in question and the total ordinary Weekly 38-hour weekly rate and weekly over-award agreement payment for a day worker which would have been payable under this Agreement for the employee's normal classification of work for the week in question if he or she had been performing his or her normal duties; , provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, fares and travelling allowancesite industry disability allowance (Portland), special rates or other similar paymentpayments. ii(b) Partial Incapacity - incapacity: In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation Act 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 Section section 9.1(b)(ii) of the Workers Compensation Act 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 (and as determined expressly or by implication by the Workers Workers' Compensation Board or as agreed between the parties) and the total ordinary 38 hour weekly rate and weekly over-award agreement payment for a day worker which would have been payable under this Agreement agreement for the employee's normal classification of work for the week in question if he or she had been performing his or her normal duties; , provided that such latter rate shall exclude additional remuneration by way of attendance bonus paymentsshift premiums, overtime payments, fares and travelling allowancesite industry disability allowance (Portland), special rates or other similar payments. The total ordinary weekly rate and weekly over-award payment above mentioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to Section 9.6(1) of the Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect to that injury. iii) For purposes of the calculation of the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. ivc) Payment for part of a Week - week: Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958.

ACCIDENT PAY. i) Total Incapacity - In the case of an employee who is, or is or deemed to be be, totally incapacitated within the meaning of the Workers Compensation Act (hereinafter referred to as the Act) and arising from an injury covered by this clause act means a weekly payment of an amount representing the difference between between, on the one hand, the total amount of compensation compensation, including other allowances, paid under Section 9.1(b)(i) of to the Act employee during incapacity pursuant to the act for the week in question question, and on the other hand, the total ordinary Weekly weekly rate and weekly over-being paid to such employee at the date of the injury giving rise to the said payment of compensation, together with or less as the case may be any variation in award payment for a day worker rates which would have been payable under this Agreement for applicable to the employee's normal classification of work such employee for the week in question if he or she had been performing his or her normal duties; provided duties providing that in making such latter rate shall exclude additional remuneration by way of calculation any payment for overtime earnings, shift premiums, attendance bonus payments, overtime paymentsbonus, fares and travelling allowancetime allowances, special penalty rates or and any other similar payment. ii) ancillary payments payable by the company shall not be taken into account. Partial Incapacity - In the case of an employee who is or deemed to be partially incapacitated within the meaning of the Workers Compensation Act and arising from an injury covered by this clause act means a weekly payment of an amount representing the difference between between, on the one hand, the total amount of compensation paid under Section 9.1(b)(ii) of to the Act employee during incapacity pursuant to the act for the period week in question together with the average weekly amount the employee he or she is earning or is able together with the average weekly amount he or she is earning or is liable to earn in some suitable employment or business (and as determined expressly or by implication by the Workers Workers' Compensation Board Commission or as agreed between the parties) and on the other hand, the total ordinary weekly rate and weekly over-award payment for a day worker payment, being paid to such employee at the date of the injury giving rise to the said payments of compensation together with, or less as the case may be, any variation in rates which would have been payable under this Agreement for applicable to the employee's normal classification of work such employee for the week in question if he had or she has been performing his or her normal duties; provided providing that in making such latter rate shall exclude additional remuneration by way of attendance bonus paymentscalculation, any payment for overtime paymentsearnings, shift premiums, fares and travelling allowancetime allowances, special penalty rates or and any other similar paymentsancillary payments payable by the employer shall not be taken into account. The total ordinary weekly rate and weekly over-award payment above mentioned abovementioned shall be the same as that applying for a total incapacity provided that where an employee receives a weekly payment of compensation under this Section the act and subsequently such payment is reduced pursuant to Section 9.6(1) of the Actsaid act, such reduction will shall not increase the liability of the employer company to increase the amount of accident pay in respect to of that injury. iii) For purposes of the calculation of the total ordinary weekly rate and weekly over-award payment in paragraphs (i) and (ii) herein payments made to an employee arising from a production incentive earnings scheme (whether arising from a payment by result, task or bonus scheme or however titled) shall not be taken into account; provided that where an employee is not in receipt of any form of weekly over-award payment, production incentive bonus payments will be taken into account and the form and amount of such payments to be included in the rate of accident pay shall in the absence of agreement be determined in accordance with the provisions of sub-clause M of this clause. iv) Payment for part of a Week - Where an employee receives accident pay and such pay is payable for incapacity for part of a week the amount shall be a direct pro rata. v) Where an entitlement to Accident Make-up Pay arises under this Agreement any reference to the Workers Compensation Act 1958 shall be deemed to include a reference to the Accident Compensation Act 1985 and any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958.