ACCIDENT PAY. Employees, on being absent from work due to an injury, shall be entitled to accident pay being a weekly payment of an amount representing the difference between the total amount payable under the Accident Compensation Act and the ordinary weekly rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that: (a) the injury is accepted and covered under the Accident Compensation Act; (b) accident pay shall not apply in respect of the first five normal working days of incapacity; (c) accident pay entitlement shall commence only after the first four weeks of employment with the employee’s present employer; (d) the maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable him/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) months.
Appears in 2 contracts
Samples: Collective Agreement, Collective Agreement
ACCIDENT PAY. EmployeesExcept as provided elsewhere in this Agreement, on being absent from work due to FXA shall pay and an injury, Employee shall be entitled to accident pay being a weekly payment receive Accident Pay. No injury shall result in the application of Accident Pay unless an amount representing the difference between the total amount payable entitlement exists under the Accident respective Workers’ Compensation Act and in the ordinary weekly rate State or Territory of employment.
33.17.1 FXA shall pay as described in clauses 14 – Classifications and wage ratesAccident Pay during the incapacity of the Employee until such incapacity ceases or until workers’ compensation insurance is denied through FXA insurer or until the expiration of 26 weeks from the date of injury, whichever occurs first. Where an Employee receives Accident Pay for incapacity for part of this award provided that:
(a) a week, the injury is accepted and covered under the amount shall be pro rata. Accident Compensation Act;
(b) accident pay Pay shall not apply in respect of for any injury during the first five normal working days incapacity.
33.17.2 The termination of incapacity;an Employee’s employment for any reason during the period of incapacity shall in no way affect the liability of FXA to pay Accident Pay, except in instances of summary dismissal or where workers’ compensation has been denied.
(c) accident pay entitlement 33.17.3 An Employee is not entitled to any payment under this clause for paid Annual Leave, public holidays or LSL.
33.17.4 Nothing in 33.17 shall commence only after be taken as restricting or removing the first four weeks of employment Company’s rights under the respective Workers’ Compensation Act to require the Employee to submit to an examination by a legally qualified medical practitioner, provided for and paid by the Company. If the Employee refuses to submit to such an examination or obstructs the same, the Employee’s rights to receive or continue to receive Accident Pay and/or compensation will be suspended, pursuant to the respective Workers’ Compensation Act until such an examination takes place.
33.17.5 Where in accordance with the employee’s present employer;
(d) the maximum period or aggregate of periods of accident pay to be made by an employer shall be respective Workers’ Compensation Act, a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority medical referee gives a certificate as to the employer entitling condition of the employer to a charge upon any money payable pursuant to any judgment Employee and the Employee’s fitness for work or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury specifies work for which the employee has received accident pay Employee is fit and such work is made available by FXA and refused by the employer’s Employee, Accident Pay shall cease from the date of refusal or failure to commence work.
33.17.6 In the event that an Employee receives a lump sum in redemption of weekly payments under the respective Workers’ Compensation Act, the liability of FXA to pay accident pay Accident Pay shall cease from the date of such judgment redemption.
33.17.7 Where the Employee recovers damages from the Company or settlement and if a third party for the judgment or settlement for damages is not reduced either in whole or part by injury independently of the respective Workers’ Compensation Act, the Employee will repay FXA the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable him/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) months.of
Appears in 1 contract
Samples: Enterprise Agreement
ACCIDENT PAY. Employees45.1 This clause shall apply to all employees covered by this agreement, and it shall apply only in respect of incapacity which results from an injury received on being absent from work due to or after the date of operation.
45.2 The circumstances under which an injury, employee shall qualify for accident make-up payment shall be entitled as prescribed hereunder:
(a) The Company shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the Company pursuant to the provisions of the appropriate Workers' Compensation Acts, as amended from time to time;
(b) accident pay being make-up payment means a weekly payment of an amount representing being the difference between the total weekly amount payable under of compensation paid to the Accident employee pursuant to the said Workers' Compensation Act and the ordinary weekly employee's appropriate 38 hour wage rate, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said agreement rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that:
(a) the injury is accepted and covered under the Accident Compensation Act;
(b) accident pay shall not apply in respect of the first five normal working days of incapacityfor that period;
(c) the Company shall pay, or cause to be paid, accident pay entitlement make-up payment during the incapacity of the employee within the meaning of the said appropriate Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall commence only after the first four weeks of employment with the employee’s present employeroccur;
(d) the maximum period liability of the Company to pay accident make-up payment in accordance with this clause shall arise as at the date of the injury or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury which compensation is payable under the said appropriate Acts, and the termination of the employee's employment for which any reason during the employee has received accident pay period of any incapacity shall in no way affect the employer’s liability of the Company to pay accident make-up payment as provided in this clause;
(e) in the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of the Company to pay accident make-up payment as herein provided shall cease from the date of such judgment or settlement and if redemption;
(f) the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay Company may at any time apply to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement Australian Conciliation and Arbitration Commission for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease exemption from the date terms of such judgment or settlement and if this clause on the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of grounds that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award any reference payment scheme proposed and implemented by that Company contains provisions generally not less favourable 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable himhis/her to progress to higher levelsemployees than the provisions of this clause. Exercise minimal judgement and works under direct supervision • Training for new entrants will The classification structure may be determined in accordance with reviewed by the needs parties during the life of the enterpriseagreement, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthsand may be varied by agreement.
Appears in 1 contract
Samples: Union Collective Agreement
ACCIDENT PAY. Employees42.1 This clause shall apply to all employees covered by this agreement, and it shall apply only in respect of incapacity which results from an injury received on being absent from work due to or after the date of operation.
42.2 The circumstances under which an injury, employee shall qualify for accident make-up payment shall be entitled as prescribed hereunder:
(a) The Company shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the Company pursuant to the provisions of the appropriate Workers' Compensation Acts, as amended from time to time;
(b) accident pay being make-up payment means a weekly payment of an amount representing being the difference between the total weekly amount payable under of compensation paid to the Accident employee pursuant to the said Workers' Compensation Act and the ordinary weekly employee's appropriate 38 hour wage rate, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said agreement rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that:
(a) the injury is accepted and covered under the Accident Compensation Act;
(b) accident pay shall not apply in respect of the first five normal working days of incapacityfor that period;
(c) the Company shall pay, or cause to be paid, accident pay entitlement make-up payment during the incapacity of the employee within the meaning of the said appropriate Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall commence only after the first four weeks of employment with the employee’s present employeroccur;
(d) the maximum period liability of the Company to pay accident make-up payment in accordance with this clause shall arise as at the date of the injury or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury which compensation is payable under the said appropriate Acts, and the termination of the employee's employment for which any reason during the employee has received accident pay period of any incapacity shall in no way affect the employer’s liability of the Company to pay accident make-up payment as provided in this clause;
(e) in the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of the Company to pay accident make-up payment as herein provided shall cease from the date of such judgment or settlement and if redemption;
(f) the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay Company may at any time apply to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement Australian Conciliation and Arbitration Commission for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease exemption from the date terms of such judgment or settlement and if this clause on the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of grounds that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award any reference payment scheme proposed and implemented by that Company contains provisions generally not less favourable 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable himhis/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with employees than the needs provisions of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthsclause.
Appears in 1 contract
Samples: Employee Collective Agreement
ACCIDENT PAY. Employees, on being absent from work due to The conditions under which an injury, Employee shall qualify for accident pay shall be entitled to prescribed hereunder:
20.1 An Employer shall pay an Employee accident pay being where the Employee receives an injury for which weekly payments of compensation are payable by or on behalf of the Employer pursuant to the provisions of the Accident Compensation Act 1985. Accident make-up pay means a weekly payment of an amount representing being the difference between the total weekly amount payable under of compensation paid to the Employee pursuant to the Accident Compensation Act and 1985and the ordinary weekly Employee's appropriate 38 hour Agreement rate or in the case of a part-time Employee the pro rata Agreement rate or where the incapacity is for a lesser period than one week for that period.
20.2 An Employer shall pay or cause to be paid accident make-up pay as described defined in clauses 14 – Classifications and wage rates, Subclause 20.1 hereof during the incapacity of this award provided that:the Employee arising from any one injury for a total of 26 weeks whether the incapacity is in one continuous period or not.
(a) 20.3 The liability of the injury is accepted and covered under the Accident Compensation Act;
(b) Employer to pay accident pay in accordance with this clause shall not apply arise as at the date of injury or accident in respect of which compensation is payable and the first five normal working days termination of incapacity;
(c) the Employee's employment for any reason during the period of any incapacity shall in no way affect the ability of the Employer to pay accident pay entitlement shall commence only after as provided in this clause.
20.4 In the first four weeks event that the Employee receives a lump sum in redemption of employment with weekly payments the employee’s present employer;
(d) liability of the maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury for which the employee has received accident pay the employer’s liability Employer to pay accident pay shall cease from the date of such judgment or settlement and if redemption.
20.5 Notwithstanding the judgment or settlement for damages is not reduced either in whole or part by the amount provisions of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s this clause:
20.5.1 The liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award any reference to casual, temporary or Employees, who retire, shall cease at the expiration of such engagement or 26 weeks whichever is the lesser period.
20.5.2 Where an Employee had given notice of his/her intention to retire and is injured prior to the Workers Compensation Act 1958 notified date of retirement, the liability to pay make-up pay shall be deemed cease at the date on which the Employee was due to include a reference to retire or 26 weeks whichever is 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable him/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthslesser period.
Appears in 1 contract
Samples: Community Care Services Agreement
ACCIDENT PAY. Employees, on being absent from work due to an injury, shall be entitled to accident pay being a weekly payment of an amount representing the difference between the total amount payable under the Accident Compensation Act and the ordinary weekly rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that:
(a) Subject to the relevant workers’ compensation claim being accepted, accident pay is payable from the time of the injury for which workers’ compensation is accepted and covered under paid for a total of 26 weeks in respect to the Accident Compensation Act;employee’s incapacity from that injury, regardless of whether the incapacity is in one continuous period or not.
(b) The termination of the employee’s employment for any reason whilst the employee is receiving accident pay shall will not apply in respect affect the liability of the first five normal working days of incapacity;employer to pay accident pay in accordance with this clause.
(c) accident pay entitlement shall commence only after Where an employee receives a lump sum payment in lieu of weekly payments under the first four weeks applicable workers’ compensation legislation, the liability of employment with the employee’s present employer;
(d) the maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall will cease from the date of such judgment or settlement and receipt of the lump sum by the employee.
(d) If an employer has a scheme for the payment of accident pay that contains provisions generally not less favourable to employees than the provisions of this clause, the employer may apply to the Fair Work Commission for that scheme to apply instead of this clause.
(e) For a casual employee the weekly payment will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or, if the judgment employee has been employed for less than 12 months by the employer, the employee’s average weekly ordinary hours over the period of employment with the employer (to a maximum of 38 hours). The weekly payment will include casual loading but will not include over award payments, shift loadings and overtime.
(f) If an employee entitled to accident pay under this clause returns to work on reduced hours or settlement for damages is not reduced either in whole or part by modified duties, the amount of accident pay made due will be reduced by any amounts paid for the employer performance of such work.
(g) For the avoidance of doubt, an employee shall pay will not be entitled to the employer any amount of accident pay already received payment under this clause in respect of that injury by which any period of workers’ compensation where the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement statutory payment for damages against a person other than the employer in respect of an injury for which period exceeds the amount the employee has would have received accident pay for working ordinary time hours for the employer’s liability to pay accident pay same period
(a) Apprentices or Trainees shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either be participating in whole or part an accredited training course prescribed by a relevant Registered Training Organisation engaged by the amount Employer.
(b) Apprentices / Trainees shall not be required to work overtime unless over eighteen (18) years of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award any reference to the Workers Compensation Act 1958 age.
(c) Apprentices/Trainees shall be deemed to include a reference to paid 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable him/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with the needs following percentages of the enterprise, but shall involve instruction aimed at assisting Ordinary Rate of pay of the trainees relevant classification to achieve the range of competencies required at skill level 2their role. An employee remains at this level for up to the first 3 (three) months.Year First Second Third Fourth Rate 55% 65% 75% 85%
Appears in 1 contract
Samples: Enterprise Agreement
ACCIDENT PAY. Employees32.1 This clause shall apply to all employees covered by this Agreement, and it shall apply only in respect of incapacity which results from an injury received on being absent from work due to or after the date of operation.
32.2 The circumstances under which an injury, employee shall qualify for accident make-up payment shall be entitled as prescribed hereunder:
32.2.1 SCA HYGIENE AUSTRALASIA shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the employer pursuant to the provisions of the appropriate Workers' Compensation Acts, as amended from time to time.
32.2.2 accident pay being make-up payment means a weekly payment of an amount representing being the difference between the total weekly amount payable under of compensation paid to the Accident employee pursuant to the said appropriate Workers' Compensation Act and the ordinary weekly employee's appropriate 38 hour agreement rate, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said agreement rate for that period.
32.2.3 SCA HYGIENE AUSTRALASIA 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 or until the expiration of a period of 52 weeks from the date of injury, whichever event shall first occur.
32.2.4 the liability of the employer to pay accident make-up payment in accordance with this clause shall arise as described in clauses 14 – Classifications and wage rates, at the date of this award provided that:
(a) the injury is accepted and covered under the Accident Compensation Act;
(b) or accident pay shall not apply in respect of which compensation is payable under the first five normal working days said appropriate Acts, and the termination of incapacity;
(c) accident pay entitlement shall commence only after the first four weeks of employment with the employee’s present employer;
(d) 's employment for any reason during the maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim incapacity shall in no way affect the employee may make for damages and shall, if requested, provide an authority to the employer entitling liability of the employer to a charge upon any money payable pursuant to any judgment or settlement on pay accident make-up payment as provided in this clause.
32.2.5 in the event that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury for which the employee has received accident pay receives a lump sum in redemption of weekly payments under the employer’s appropriate Acts, the liability of the employer to pay accident pay make-up payment as herein provided shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable him/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthsredemption.
Appears in 1 contract
Samples: Transport Workers Agreement
ACCIDENT PAY. Employees42.1 This clause shall apply to all employees covered by this agreement, and it shall apply only in respect of incapacity which results from an injury received on being absent from work due to or after the date of operation.
42.2 The circumstances under which an injury, employee shall qualify for accident make-up payment shall be entitled as prescribed hereunder:
(a) The Company shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the Company pursuant to the provisions of the appropriate Workers' Compensation Acts, as amended from time to time;
(b) accident pay being make-up payment means a weekly payment of an amount representing being the difference between the total weekly amount payable under of compensation paid to the Accident employee pursuant to the said Workers' Compensation Act and the ordinary weekly employee's appropriate 38 hour wage rate, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said agreement rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that:
(a) the injury is accepted and covered under the Accident Compensation Act;
(b) accident pay shall not apply in respect of the first five normal working days of incapacityfor that period;
(c) the Company shall pay, or cause to be paid, accident pay entitlement make-up payment during the incapacity of the employee within the meaning of the said appropriate Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall commence only after the first four weeks of employment with the employee’s present employeroccur;
(d) the maximum period liability of the Company to pay accident make-up payment in accordance with this clause shall arise as at the date of the injury or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury which compensation is payable under the said appropriate Acts, and the termination of the employee's employment for which any reason during the employee has received accident pay period of any incapacity shall in no way affect the employer’s liability of the Company to pay accident make-up payment as provided in this clause;
(e) in the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of the Company to pay accident make-up payment as herein provided shall cease from the date of such judgment or settlement and if redemption;
(f) the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay Company may at any time apply to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement Australian Conciliation and Arbitration Commission for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease exemption from the date terms of such judgment or settlement and if this clause on the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of grounds that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award any reference payment scheme proposed and implemented by that Company contains provisions generally not less favourable 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable himhis/her employees than the provisions of this clause. Progression through the Grades to progress to higher levelsbe skills and competency based with recognised responsibilities and accountabilities. Exercise minimal judgement The grading system must focus around the repair process and works under direct supervision • Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 include:
(threea) months.Quality
(b) Results
Appears in 1 contract
Samples: Union Collective Agreement
ACCIDENT PAY. Employees, on being absent from work due An employee upon receiving payment of workers compensation in the terms of the relevant State legislation and who continues to an injury, receive such payment shall be entitled to paid accident pay being a weekly payment of an amount representing by the difference between the total amount payable under the Accident Compensation Act and the ordinary weekly rate of pay as described in clauses 14 – Classifications and wage ratesemployer, of this award provided that:
(a) Accident pay shall only be payable while the injury is accepted and covered under employee remains in the Accident Compensation Act;employment of the employer.
(b) An employee on engagement shall be required to declare all workers compensation claims made by him/her and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit his/her entitlement to accident pay shall not apply in respect of the first five normal working days of incapacity;pay.
(c) accident pay entitlement shall commence only after the first four weeks of employment with the employee’s present employer;
(d) the maximum The period or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees weeks for any one injury.
(d) Accident pay shall not be paid where any period of other paid leave of absence has been granted.
(e) In the case of an employee rostered off on a programmed leisure day/extra day off which falls in a period when he/she is receiving or who have received workers compensation, he/she is not entitled to an alternative programmed leisure day/extra day off at a later step.
(f) The employer shall not dismiss any employee by reason only of he/she being in receipt of accident pay.
(g) An employee off duty and in receipt of accident pay shall advise the employer continue to receive payments of any action acting in higher allowance being paid at the time of the injury for the full period that he/she would have continued to so act.
(h) An employee who has submitted a claim for workers compensation and is absent from duty for more than a week and where it is apparent there may institute or any claim be a delay in the employee assessment of his/her claim, may make for damages and shall, if requested, provide an authority be paid sick pay (subject to the employer entitling availability of credits) pending determination of the employer claim.
(i) For the purpose of this clause "Accident Pay" shall mean an amount of money equivalent to a charge upon any money payable pursuant an employee's appropriate pre injury average weekly earnings at the time of ceasing duty following an accepted injury under the relevant State legislation. The amount shall be calculated by increasing the weekly amount of compensation due to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury for which be paid under the employee has received accident pay the employer’s liability relevant State legislation up to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident the employee's weekly full rate of pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not would have been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises payable under this award Agreement plus any reference to appropriate allowance whilst acting in a higher position as outlined in sub-clause (g). Payments for absences of less than one week in duration shall be calculated as a proportion of weekly rate of pay.
(j) For the Workers purpose of this clause "injury" shall be given the same meaning and application as applying under the relevant State legislation.
(k) For the purposes of this clause "relevant State legislation" shall mean the Workers' Compensation Act 1958 shall be deemed 1958, as amended from time to include a reference to time, and the Accident Compensation Act 1985 and 1985, as amended from time to time, or any reference to the Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable him/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with the needs of the enterprisereplacement legislation, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthswhichever is applicable.
Appears in 1 contract
Samples: Workplace Agreement
ACCIDENT PAY. Employees16.1 Subject at all times to the provisions of this clause, on being absent from work due an employee upon receiving payment of workers' compensation in the terms of the relevant State legislation and continuing to an injury, receive such payment in respect of weekly incapacity within the meaning of the relevant State legislation shall be entitled to paid accident pay being a weekly payment of an amount representing by the difference between the total amount payable company who is liable to pay workers' compensation under the Accident Compensation Act and relevant State legislation which said liability by the ordinary weekly rate employer for accident pay, may be discharged by another person on behalf of pay as described in clauses 14 – Classifications and wage ratesthe employer, of this award provided that:
(a) 16.1.1 Accident pay shall only be payable to an employee whilst such employee remains in the injury is accepted employment of the employer by whom so employed at the time of the incapacity and covered then only for such a period as a weekly payment under the relevant State legislation is received.
16.1.2 The employer shall not terminate the employment of the employee to avoid payment of entitlements for the employee provided for in this clause.
16.2 Accident Compensation Act;
(b) accident pay shall not apply in respect of to any incapacity occurring during the first five normal working days of incapacity;
(c) accident pay entitlement shall commence only after the first four three weeks of employment with unless such incapacity continues beyond the employee’s present employer;first three weeks and
(d) 16.3 An employee on engagement may be required to declare all workers' compensation claims made in the previous five years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit entitlement to accident pay under this clause.
16.4 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks39 weeks for any one injury.
16.5 An employee, upon receiving an injury for which the employee claims to be entitled to receive accident pay, shall give notice in writing of the said injury to the employer as soon as reasonably practicable after the occurrence thereof; Employees provided that such notice may be given by a representative of the employee.
16.6 In order to receive entitlement to accident pay an employee shall conform to the requirements of the relevant State legislation as to medical examination. Where, in accordance with the relevant State legislation, a medical referee gives a certificate as to the condition of the employee and 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, the provisions of this clause shall cease to apply to the said employee from the date of such refusal or failure to commence the work.
16.7 Where there is a resumption of weekly compensation payments under the relevant State legislation the employer's liability to pay benefits under this clause shall cease as from the date of such redemption.
16.8 An employee receiving or who have has received accident pay shall advise the employer of any action that employee may institute be instituted or any claim that may be made for damages. Further, the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment verdict or settlement on that injury. .
16.9 All rights to any benefits under this clause shall cease on the death of an employee.
16.10 Where an individual employee obtains receives a judgment or settlement benefit payment under this clause and such payment is payable for damages in respect incapacity for part of an injury for which a week the employee has received accident pay amount shall be a direct pro rata.
16.11 For the employer’s liability to pay purposes of this clause accident pay shall cease mean:
16.11.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State legislation and arising from an injury covered by this clause means a weekly payment of an amount representing the date difference between the total amount of such judgment or settlement compensation paid under the relevant State legislation for the week in question and the total 38-hour weekly agreement rate for a worker which would have been payable under the employee's normal employment for work for the week in question if the judgment employee had been performing normal duties, provided that, overtime payments, tool allowance, special rates or settlement other similar payments shall not be included.
16.11.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State legislation and arising from an injury covered by this clause means an amount representing the difference between a weekly payment of an amount of compensation paid under the relevant State legislation for damages is not reduced either the period in whole or part by question together with the
16.12 For the amount purpose of this clause injury shall be given the same meaning and application as applying under the relevant State legislation and no injury shall result in the application of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease from the date of such judgment or settlement and if the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where unless an entitlement to accident make-up pay arises exists under the relevant State legislation.
16.13 For the purposes of this award any reference to the Workers Compensation Act 1958 clause relevant State legislation shall be deemed to include a reference to the mean: ♦ Accident Compensation Act 1985 and any reference to the 1985; Accident Compensation Act 1985 shall be deemed to include a reference to the Workers Compensation Act 1958. • New employee with no or minimal industry experience • An employee within the first 3 (threeWorkCover) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so Insurance 1993 as to enable him/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with the needs of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthsamended.
Appears in 1 contract
Samples: Collective Agreement
ACCIDENT PAY. Employees45.1 This clause shall apply to all employees covered by this agreement, and it shall apply only in respect of incapacity which results from an injury received on being absent from work due to or after the date of operation.
45.2 The circumstances under which an injury, employee shall qualify for accident make-up payment shall be entitled as prescribed hereunder:
(a) The Company shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the Company pursuant to the provisions of the appropriate Workers' Compensation Acts, as amended from time to time;
(b) accident pay being make-up payment means a weekly payment of an amount representing being the difference between the total weekly amount payable under of compensation paid to the Accident employee pursuant to the said Workers' Compensation Act and the ordinary weekly employee's appropriate 38 hour wage rate, or where the incapacity is for a lesser period than one week, the difference between the amount of compensation and the said agreement rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that:
(a) the injury is accepted and covered under the Accident Compensation Act;
(b) accident pay shall not apply in respect of the first five normal working days of incapacityfor that period;
(c) the Company shall pay, or cause to be paid, accident pay entitlement make-up payment during the incapacity of the employee within the meaning of the said appropriate Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall commence only after the first four weeks of employment with the employee’s present employeroccur;
(d) the maximum period liability of the Company to pay accident make-up payment in accordance with this clause shall arise as at the date of the injury or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury which compensation is payable under the said appropriate Acts, and the termination of the employee's employment for which any reason during the employee has received accident pay period of any incapacity shall in no way affect the employer’s liability of the Company to pay accident make-up payment as provided in this clause;
(e) in the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of the Company to pay accident make-up payment as herein provided shall cease from the date of such judgment or settlement and if redemption;
(f) the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay Company may at any time apply to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement Australian Conciliation and Arbitration Commission for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease exemption from the date terms of such judgment or settlement and if this clause on the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of grounds that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises payment scheme proposed and implemented by that Company contains provisions generally not less favourable to his/her employees than the provisions of this clause. An employee at this level performs routine duties in accordance with the level of their training and: • Works under this award any reference direct supervision • Possesses basic numeracy and literacy skills • Understands and adheres to the Workers Compensation Act 1958 shall use of PPE, SOP compliance, Company policies and procedures Employees are to be deemed multi-skilled and are to include a reference to the Accident Compensation Act 1985 work flexibly between all tasks and functions of Level 1. Indicative tasks performed at this level, may include: • Housekeeping duties including Occupational Health and Safety • Operate crate washer / dryer • Assemble products • Package products • Inspect and refurbish all current and any reference to new CHEP equipment • Check transaction of products • Complete clerical records of individual work performed • Perform daily preventive maintenance on equipment used • Assist in stock control • Achieves quality standards and productivity targets • Operate a sweeper The operation and use of mechanical devices include but is not restricted to: mechanical washing equipment, high pressure gurneys, grinders, drills, cut off saws, pneumatic tools, material handling equipment (MHE), welding equipment, pop riveter, and various hand tools etc. On the Accident Compensation Act 1985 shall basis of merit the employee may be deemed to include a reference to the Workers Compensation Act 1958. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job undertaking structured training so as to enable him/her them to work at Level 2. This training may include but is not limited to: • Completion of requirements for a permanent forklift drivers licence • Completion of 100 hours minimum on-the-job training with CHEP in the duties of a forklift driver • Forklift maintenance and safety procedures • Non-trade welding certification • Stock Control and basic clerical skills • Completion of Sweeper on-the-job training • Work Area Set Up • Quality control survey & measurement against established standards Promotional criteria An employee will progress from Level 1A to higher levelsLevel 1B after 12 months continuous service subject to the employee demonstrating that he or she can effectively perform the requirements of Level 1. Exercise minimal judgement and works under direct supervision • Training for new entrants An employee will remain at Level 1B until they are capable of effectively performing through assessment or certification the tasks required of Level 2 as a position becomes available. Selection to Level 2 will be determined in accordance with by individual merit and the needs availability of positions at the enterprise, but shall involve instruction aimed at assisting next level within the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthsservice centre.
Appears in 1 contract
Samples: Collective Agreement
ACCIDENT PAY. Employees28.1. This clause shall apply to all employees covered by this agreement, and it shall apply only in respect of incapacity which results from an injury received on being absent from work due to or after the date of operation or this Agreement.
28.2. The circumstances under which an injury, employee shall qualify for accident make-up payment shall be entitled as prescribed hereunder:
(a) The Company shall pay an employee accident make-up payment where the employee receives an injury for which weekly payment or compensation is payable by or on behalf of the Company pursuant to accident pay being 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 payable under of compensation paid to the Accident employee pursuant to the said Workers' Compensation Act and the employee's ordinary weekly wage, or where the incapacity is for a lesser period than one (1) week, the difference between the amount of compensation paid and the employees normal ordinary rate of pay as described in clauses 14 – Classifications and wage rates, of this award provided that:
(a) the injury is accepted and covered under the Accident Compensation Act;
(b) accident pay shall not apply in respect of the first five normal working days of incapacityfor that period;
(c) The Company shall pay accident pay entitlement make-up payment during the incapacity of the employee within the meaning of the relevant Workers Compensation Act until such incapacity ceases or until the expiration of a period of 26 weeks from the date of injury, whichever event shall commence only after the first four weeks of employment with the employee’s present employeroccur;
(d) The liability of the maximum period Company to pay accident make-up payment in accordance with this clause shall arise as at the date of the injury or aggregate of periods of accident pay to be made by an employer shall be a total of 52 weeks; Employees receiving or who have received accident pay shall advise the employer of any action that employee may institute or any claim the employee may make for damages and shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any judgment or settlement on that injury. Where an individual employee obtains a judgment or settlement for damages in respect of an injury which compensation is payable under the appropriate Acts,
(e) The termination of the employee's employment for which any reason during the employee has received accident pay period of any incapacity shall in no way affect the employer’s liability of the Company to pay accident make-up payment as provided in this clause;
(f) In the event that the employee receives a lump sum in redemption of weekly payments under the appropriate Acts, the liability of the Company to pay accident make-up payment as herein provided shall cease from the date of such judgment or settlement and if the judgment or settlement redemption.
28.3. The Company may at any time apply to The Fair Work Commission for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of that injury by which the judgment or settlement has not been so reduced. Where an individual employee obtains a judgment or settlement for damages against a person other than the employer in respect of an injury for which the employee has received accident pay the employer’s liability to pay accident pay shall cease exemption from the date terms of such judgment or settlement and if this clause on the judgment or settlement for damages is not reduced either in whole or part by the amount of accident pay made by the employer the employee shall pay to the employer any amount of accident pay already received in respect of grounds that injury by which the judgment or settlement has not been so reduced. Where an entitlement to accident make-up pay arises under this award any reference payment scheme proposed and implemented by the Company contains provisions generally not less favourable 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. • New employee with no or minimal industry experience • An employee within the first 3 (three) months of duty shall undertake induction training for any task associated with the operation of biscuit making (including distribution). This may involve training in more than one specific area depending on the employees application to that/these tasks. Undertakes on or off the job training so as to enable himhis/her to progress to higher levels. Exercise minimal judgement and works under direct supervision • Training for new entrants will be determined in accordance with employees than the needs provisions of the enterprise, but shall involve instruction aimed at assisting the trainees to achieve the range of competencies required at skill level 2. An employee remains at this level for up to the first 3 (three) monthsclause.
Appears in 1 contract
Samples: Enterprise Agreement
