Common use of ACCIDENT PAY Clause in Contracts

ACCIDENT PAY. 29.1 Where an employee becomes entitled to weekly compensation payments pursuant to the Accident Compensation Act 1985 (the Act), the employer will pay to the employee an amount equivalent to the difference between: (a) the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and (b) the amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments. 29.2 Accident pay shall not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks; (c) where in accordance with the Accident Compensation 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 such work is made available by an employer but not commenced by an employee. 29.3 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 29.4 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury. 29.5 Where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to the Act, such reduction will not render the employer liable to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to accident pay ceases on termination of the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. 29.7 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 his/her entitlement to accident pay under this clause. 29.8 Casual employees’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).

ACCIDENT PAY. 29.1 Where an employee becomes entitled to weekly compensation payments pursuant to the Accident Compensation Act 1985 (the Act), the employer will pay to the employee an amount equivalent to the difference between: (a) the level This clause shall apply to all employees covered by this award in respect of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; andincapacity resulting from a work related injury. (b) The circumstances determining an employee's entitlement to accident make up pay shall be as follows: (i) An employee shall receive accident make-up payment when the amount that would have been 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 this award 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 incapacitated and receiving accident make up pay, such payment shall continue to apply except where: - the termination is due to serious and/or wilful misconduct on the part of the employee; or - arises from a declaration of liquidation of the company in which case the employee's entitlement shall be considered by the parties to the award. To qualify for the classification continuation of work accident make-up pay on termination, an employee shall if required provide evidence to his employer of the employee had been performing their normal duties, and any continuing payment of weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar compensation payments. 29.2 (v) Accident make-up pay shall not apply: (a) apply in respect of any injury during the first five 5 normal working days of incapacity;. (bvi) Accident make-up pay shall not apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues extends beyond the first two 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; (c) where in accordance with the Accident Compensation Act a medical practitioner provides information . Provided that as to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and such work is made available by an employer but not commenced by an employee. 29.3 Industrial industrial diseases contracted by a gradual process or of injuries subject to recurrence, aggravation aggravations or acceleration accelerations shall not be subject to the accident make-up pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 29.4 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury. 29.5 Where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to the Act, such reduction will not render the employer liable to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to accident pay ceases on termination of the employee’s employment, except where such termination: (avii) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. 29.7 An employee on engagement may be required to declare all workers compensation claims made in the previous five years, 5 years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit his/her his entitlement to accident make-up pay under provided by this clause. 29.8 Casual employees’ (c) The maximum period of aggregate of periods of make-up pay shall be based on a total of 52 weeks for any one injury. (d) An employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence. (e) An employee upon receiving an injury for which he claims to be entitled to receive accident pay shall give notice in writing of the number said injury to his employer as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of hours worked per week over the last monthemployee. (f) In order to receive entitlement to accident pay, an employee shall conform to the requirements of the Act as to medical examination. Where, in accordance with the present Act, a medical referee gives a certificate as to the condition of 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 such refusal or failure to commence the work. (g) Where there is a redemption of weekly compensation payments under the Act, the employer, or if less than one month 's liability to pay accident pay shall cease as from the average for the time worked. The amount to be paid as the normal weekly rate date of pay only (i.e. time plus the casual loading)such redemption.

ACCIDENT PAY. 29.1 Where a. Subject to the provisions of this clause, employees, upon receiving payment of Workers’ Compensation in the terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State/Territory legislation, will be paid accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that: b. Accident pay will only be payable to an employee becomes entitled to weekly compensation payments pursuant to whilst such employees remain in the Accident Compensation Act 1985 (the Act), employment of the employer will pay to and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. Where during a period where an employee an amount equivalent to the difference between: (a) the level of weekly compensation and any weekly wages earned is partially incapacitated or able is deemed to be earned if partially incapacitated; and (b) totally incapacitated within the amount that meaning of this clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another employer, then the Company will continue to pay such Accident Pay as would have been payable under this award for the classification of work if had the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way continued in its employment subject to the provisions of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments.sub clause d. 29.2 c. Accident pay shall will not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this clause will apply only to the period of incapacity after the first two weeks; (c) where in accordance with the Accident Compensation Act a medical practitioner provides information . Provided that as to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and such work is made available by an employer but not commenced by an employee. 29.3 Industrial industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall (as provided in the relevant State/Territory legislation) the provisions of this sub-clause will not be subject to the accident pay apply unless the employee has been employed with the employer Company at the time of the incapacity for a minimum period of one monththree months. 29.4 d. The maximum period or of aggregate of periods of accident pay to be made by an employer shall the Company will be a total of 39 26 weeks for of any one injury. The provisions of this clause will not apply in respect of any period of other paid leave of absence. 29.5 e. Employees, upon receiving an injury for which they claims to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee. f. In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this clause will cease to apply to the said employee from the date of such refusal or failure to commence work. g. Where there is a redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the clause will cease as from the date of redemption. h. Employees receiving or who have received accident pay will advise the employer of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury. i. Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this agreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the employer, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. j. Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. Nothing in this clause will require the Company to insure against its liability for the payment of benefits under this clause. k. Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this clause that would have been payable had the rates of compensation remained unchanged. All rights to any benefits under this clause will cease on the death of an employee. l. Where an employee receives a benefit payment under this clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata. For the purpose of this clause Accident Pay will mean: i. In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation 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 State/Territory legislation for the week in question and the total 38 hour weekly Agreement rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included. ii. In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation 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 (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38 hour weekly rate for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included. iii. The total so calculated will be the same as that applying for a total incapacity, provided that where an employee receives a weekly payment under this Section clause and subsequently such payment is reduced pursuant to the Actrelevant State/Territory legislation, such reduction will not render increase the employer liable liability of the Company to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to m. For the purpose of this clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay ceases on termination of unless an entitlement exists under the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determinerelevant State/Territory legislation. 29.7 An employee on engagement n. Employees may be required upon engagement to declare inform the Company of all workers workers’ compensation claims made by them in the previous five two years, and in the event of false or inaccurate information being . If an employee deliberately and knowingly declared falsely makes a statement in this connection, knowing at the employer may require time that such statement is made that it is false; the employee to may forfeit his/her the entitlement to accident pay under this clause. 29.8 Casual employeeso. For the purposes of this clause relevant State/Territory legislation means: New South Wales  Workers’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount Compensation Act 1926  Workers’ Compensation Act 1987  Workplace Injury Management and Workers' Compensation Act 1998 Victoria  Workplace Injury Rehabilitation and Compensation Act 2013 Queensland  Workers’ Compensation and Rehabilitation Act 2003 South Australia  Workers’ Compensation Act 1971  Return to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).Work Act 2014 Tasmania  Workers’ Rehabilitation and Compensation Act 1998 Australian Capital Territory  Workers’ Compensation Act 1951 Northern Territory  Return to Work Act 2015 Western Australia

ACCIDENT PAY. 29.1 Where a. Subject to the provisions of this clause, employees, upon receiving payment of Workers’ Compensation in the terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the meaning of the relevant State/Territory legislation, will be paid accident pay by the Company, which said liability by the Company for accident pay may be discharged by another person on their behalf, provided that: b. Accident pay will only be payable to an employee becomes entitled to weekly compensation payments pursuant to whilst such employees remain in the Accident Compensation Act 1985 (the Act), employment of the employer will pay to and then only for such a period that they receive a weekly payment under the relevant State/Territory legislation. Where during a period where an employee an amount equivalent to the difference between: (a) the level of weekly compensation and any weekly wages earned is partially incapacitated or able is deemed to be earned if partially incapacitated; and (b) totally incapacitated within the amount that meaning of this clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another employer, then the Company will continue to pay such Accident Pay as would have been payable under this award for the classification of work if had the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way continued in its employment subject to the provisions of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments.sub clause d. 29.2 c. Accident pay shall will not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this clause will apply only to the period of incapacity after the first two weeks; (c) where in accordance with the Accident Compensation Act a medical practitioner provides information . Provided that as to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and such work is made available by an employer but not commenced by an employee. 29.3 Industrial industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall (as provided in the relevant State/Territory legislation) the provisions of this sub-clause will not be subject to the accident pay apply unless the employee has been employed with the employer Company at the time of the incapacity for a minimum period of one monththree months. 29.4 d. The maximum period or of aggregate of periods of accident pay to be made by an employer shall the Company will be a total of 39 26 weeks for of any one injury. The provisions of this clause will not apply in respect of any period of other paid leave of absence. 29.5 e. Employees, upon receiving an injury for which they claims to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee. f. In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this clause will cease to apply to the said employee from the date of such refusal or failure to commence work. g. Where there is a redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the clause will cease as from the date of redemption. h. Employees receiving or who have received accident pay will advise the employer of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the employer to a charge upon any money payable pursuant to any verdict or settlement on that injury. i. Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this agreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the employer, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. j. Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. Nothing in this clause will require the Company to insure against its liability for the payment of benefits under this clause. k. Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this clause that would have been payable had the rates of compensation remained unchanged. All rights to any benefits under this clause will cease on the death of an employee. l. Where an employee receives a benefit payment under this clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata. For the purpose of this clause Accident Pay will mean: i. In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation 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 State/Territory legislation for the week in question and the total 38 hour weekly Agreement rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included. ii. In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation 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 (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38 hour weekly rate for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included. iii. The total so calculated will be the same as that applying for a total incapacity, provided that where an employee receives a weekly payment under this Section clause and subsequently such payment is reduced pursuant to the Actrelevant State/Territory legislation, such reduction will not render increase the employer liable liability of the Company to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to m. For the purpose of this clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay ceases on termination of unless an entitlement exists under the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determinerelevant State/Territory legislation. 29.7 An employee on engagement n. Employees may be required upon engagement to declare inform the Company of all workers workers’ compensation claims made by them in the previous five two years, and in the event of false or inaccurate information being . If an employee deliberately and knowingly declared falsely makes a statement in this connection, knowing at the employer may require time that such statement is made that it is false; the employee to may forfeit his/her the entitlement to accident pay under this clause. 29.8 Casual employeeso. For the purposes of this clause relevant State/Territory legislation means: New South Wales • Workers’ make-up pay shall be based on Compensation Act 1926 • Workers’ Compensation Act 1987 • Workplace Injury Management • Workers' Compensation Act 1998 Victoria • Workers’ Compensation Act 1958 • Accident Compensation Act 1985 Queensland • Workers’ Compensation Act 1916 • Workers’ Compensation Act 1990 South Australia • Workers’ Compensation Act 1971 • Workers’ Rehabilitation • Compensation Act 1986 Tasmania • Workers’ Compensation Act 1927 • Workers’ Compensation Act 1988 Australian Capital Territory • Workers’ Compensation Act 1951 Northern Territory • Workers’ Compensation Act • Work Health Act 1986 Western Australia • Workers’ Compensation Act • Rehabilitation Act 1981 All the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the above Acts and Ordinances as amended from time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading)time.

ACCIDENT PAY. 29.1 Where an employee becomes entitled to weekly compensation payments pursuant 28.1 Subject to the Accident provisions of this Clause, employees, upon receiving payment of Workers’ Compensation Act 1985 (in the Act)terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the employer meaning of the relevant State/Territory legislation, will be paid accident pay to by the employee an amount equivalent to Company, which said liability by the difference between:Company for accident pay may be discharged by another person on their behalf, provided that; (a) Accident pay will only be payable to an employee whilst the level employee remains in the employment of the Company and then only for such a period that they receive a weekly compensation and any weekly wages earned payment under the relevant State/Territory legislation. During a period where an employee is partially incapacitated or able is deemed to be earned if partially incapacitated; andtotally incapacitated within the meaning of the relevant State/Territory legislation of this Clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of Clause 28.2 of this Agreement. (b) the amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments. 29.2 Accident pay shall will not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this Clause will apply only to the period of incapacity after the first two weeks; (c) where in accordance with the Accident Compensation 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 such work is made available by an employer but not commenced by an employee. 29.3 . Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall (as provided in the relevant State/Territory legislation) the provisions of this subclause will not be subject to the accident pay apply unless the employee has been employed with the employer Company at the time of the incapacity for a minimum period of one monththree months. 29.4 28.2 The maximum period or of aggregate of periods of accident pay to be made by an employer shall the Company will be a total of 39 26 weeks for of any one injury as defined in Clause 28.15 of this ClauseAgreement. 28.3 The provisions of this Clause will not apply in respect of any period of other paid leave of absence. 28.4 Employees, upon receiving an injury for which they claim to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee. 28.5 In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this Clause will cease to apply to the said employee from the date of such refusal or failure to commence work. 28.6 Where there is redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the Clause will cease as from the date of redemption. 28.7 Employees receiving or who have received accident pay will advise the Company of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury. 29.5 28.8 Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this Agreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. 28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this Clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. 28.10 Nothing in this Clause will require the Company to insure against its liability for the payment of benefits under this Clause. 28.11 Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this Clause that would have been payable had the rates of compensation remained unchanged. 28.12 All rights to any benefits under this Clause will cease on the death of an employee. 28.13 Where an employee receives a benefit payment under this Clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata. 28.14 For the purpose of this Clause Accident Pay will mean: 28.14.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation 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 State/Territory legislation for the week in question and the total 38.0 hour weekly wage rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included. 28.14.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this Clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation 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 (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38.0 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included. 28.14.3 The total so calculated will be the same as that applying for a total incapacity under Subclause 28.14.1 aboveof this Agreement, provided that where an employee receives a weekly payment under this Section Clause and subsequently such payment is reduced pursuant to the Actrelevant State/Territory legislation, such reduction will not render increase the employer liable liability of the Company to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to 28.15 For the purpose of this Clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay ceases on termination of unless an entitlement exists under the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determinerelevant State/Territory legislation. 29.7 An employee on engagement 28.16 Employees may be required upon engagement to declare inform the Company of all workers workers’ compensation claims made by them in the previous five two years, and in the event of false or inaccurate information being . If an employee deliberately and knowingly declared falsely makes a statement in this connection, knowing at the employer may require time that such statement is made that it is false, the employee to may forfeit his/her the entitlement to accident pay under this clauseClause. 29.8 Casual employees’ make-up pay shall be based on 28.17 For the number purposes of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).this Clause relevant State/Territory legislation means:

ACCIDENT PAY. 29.1 Where 5.7.1 The company shall pay an employee becomes entitled to accident make-up payment where the employee receives an injury for which weekly payment or compensation payments 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. 5.7.2 Accident Compensation Act 1985 (make-up payment means a weekly payment of an amount being the Act), difference between the employer will pay weekly amount of compensation paid to the employee an amount equivalent pursuant to the said appropriate Workers’ Compensation Act and the employee’s appropriate 38 hour agreement rate, or where the incapacity is for a lesser period than one week, the difference between:between the amount of compensation and the said agreement rate for that period. (a) 5.7.3 The company shall pay, or cause to be paid, accident make-up payment during the level 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. 5.7.4 The liability of the employer to pay accident make-up payment in accordance with this clause shall arise as at the date of the injury or accident in respect of which compensation is payable under the said appropriate Acts, and the termination of the employee’s employment for any reason during the period of any incapacity shall in no way affect the liability of the employer to pay accident make-up payment as provided in this clause. 5.7.5 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 redemption. 5.7.6 Any changes in compensation and any weekly wages earned or able to be earned if partially incapacitated; and (b) rates under the relevant State legislation shall not increase the amount of the benefits payable under this clause that would have been payable under this award for had the classification rates of work if the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar paymentscompensation remained unchanged. 29.2 Accident pay shall not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks; (c) where in accordance with the Accident Compensation 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 such work is made available by an employer but not commenced by an employee. 29.3 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 29.4 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury. 29.5 Where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to the Act, such reduction will not render the employer liable to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to accident pay ceases on termination of the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. 29.7 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 his/her entitlement to accident pay under this clause. 29.8 Casual employees’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).

ACCIDENT PAY. 29.1 Where an employee becomes entitled to weekly compensation payments pursuant 28.1 Subject to the Accident provisions of this clause, employees, upon receiving payment of Workers’ Compensation Act 1985 (in the Act)terms of the relevant State/Territory legislation, and continuing to receive such payment in respect of a weekly incapacity within the employer meaning of the relevant State/Territory legislation, will be paid accident pay to by the employee an amount equivalent to Company, which said liability by the difference between:Company for accident pay may be discharged by another person on their behalf, provided that; (a) Accident pay will only be payable to an employee whilst the level employee remains in the employment of the Company and then only for such a period that they receive a weekly compensation and any weekly wages earned payment under the relevant State/Territory legislation. During a period where an employee is partially incapacitated or able is deemed to be earned if partially incapacitated; andtotally incapacitated within the meaning of the relevant State/Territory legislation of this clause, and the Company is unable to provide suitable employment to such employee, who thereupon obtains such suitable employment with another Company, then the Company will continue to pay such Accident Pay as would have been payable had the employee continued in its employment subject to the provisions of 28.2. (b) the amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments. 29.2 Accident pay shall will not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, the provisions of this clause will apply only to the period of incapacity after the first two weeks; (c) where in accordance with the Accident Compensation 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 such work is made available by an employer but not commenced by an employee. 29.3 . Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall (as provided in the relevant State/Territory legislation) the provisions of this subclause will not be subject to the accident pay apply unless the employee has been employed with the employer Company at the time of the incapacity for a minimum period of one monththree months. 29.4 28.2 The maximum period or of aggregate of periods of accident pay to be made by an employer shall the Company will be a total of 39 26 weeks for of any one injury as defined in 28.15 of this clause. 28.3 The provisions of this clause will not apply in respect of any period of other paid leave of absence. 28.4 Employees, upon receiving an injury for which they claim to be entitled to receive accident pay, will give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof; provided that such notice may be given by a representative of the employee. 28.5 In order to receive entitlement to accident pay, an employee will conform to the requirements of the relevant State/Territory legislation as to medical examination. Where, in accordance with the relevant State/Territory legislation, a medical referee gives a certificate as to the condition of the employee regarding fitness for work or specifies work for which the employee is fit and such work is made available by the Company and refused by the employee or the employee fails to commence the work, the provisions of this clause will cease to apply to the said employee from the date of such refusal or failure to commence work. 28.6 Where there is a redemption of weekly compensation payments under the relevant State/Territory legislation, the Company’s liability to pay benefits under the clause will cease as from the date of redemption. 28.7 Employees receiving or who have received accident pay will advise the Company of any action they may institute or any claim they may make for damages. Further, employees will, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury. 29.5 28.8 Where an employee obtains a verdict for damages in respect of an injury for which benefits have been received under this agreement, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the employee will pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. 28.9 Where an employee obtains a verdict for damages against a person other than the Company in respect of any injury for which benefits have been received under this clause, the Company’s liability to pay such benefits will cease from the date of such verdict; provided that, if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company, the employee will pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. 28.10 Nothing in this clause will require the Company to insure against its liability for the payment of benefits under this clause. 28.11 Any changes in compensation rates under the relevant State legislation will not increase the amount of the benefits payable under this clause that would have been payable had the rates of compensation remained unchanged. 28.12 All rights to any benefits under this clause will cease on the death of an employee. 28.13 Where an employee receives a benefit payment under this clause and such payment is payable for incapacity for part of a week, the amount will be a direct pro-rata. 28.14 For the purpose of this clause Accident Pay will mean: 28.14.1 In the case of an employee who is deemed to be totally incapacitated within the meaning of the relevant State/Territory legislation 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 State/Territory legislation for the week in question and the total 38 hour weekly wage rate for a day worker which would have been payable under the employee’s normal classification for work for the week in question if normal duties had been performed, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates and other similar payments will not be included. 28.14.2 In the case of an employee who is deemed to be partially incapacitated within the meaning of the relevant State/Territory legislation and arising from an injury covered by this clause, means a weekly payment of an amount of compensation paid under the relevant State/Territory legislation 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 (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38 hour weekly rate of pay for a day worker which would have been payable under the employee’s normal classification of work for the week in question if normal duties had been performed; provided that shift premiums, overtime payments, fares and travelling allowances, special rates or other similar payments will not be included. 28.14.3 The total so calculated will be the same as that applying for a total incapacity under 28.14.1 above, provided that where an employee receives a weekly payment under this Section clause and subsequently such payment is reduced pursuant to the Actrelevant State/Territory legislation, such reduction will not render increase the employer liable liability of the Company to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to 28.15 For the purpose of this clause injury will be given the same meaning and application as applying under the relevant State/Territory legislation and no injury will result in the application of accident pay ceases on termination of unless an entitlement exists under the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determinerelevant State/Territory legislation. 29.7 An employee on engagement 28.16 Employees may be required upon engagement to declare inform the Company of all workers workers’ compensation claims made by them in the previous five two years, and in the event of false or inaccurate information being . If an employee deliberately and knowingly declared falsely makes a statement in this connection, knowing at the employer may require time that such statement is made that it is false, the employee to may forfeit his/her the entitlement to accident pay under this clause. 29.8 Casual employees’ make-up pay shall be based on 28.17 For the number purposes of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).this clause relevant State/Territory legislation means:

ACCIDENT PAY. 29.1 Except as provided elsewhere in this Agreement, FXA shall pay and an Employee shall be entitled to receive Accident Pay. No injury shall result in the application of Accident Pay unless an entitlement exists under the respective Workers’ Compensation Act in the State or Territory of employment. 33.17.1 FXA shall pay Accident 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 becomes entitled to weekly compensation payments pursuant to the Employee receives Accident Compensation Act 1985 (the Act)Pay for incapacity for part of a week, the employer will pay to the employee an amount equivalent to the difference between: (a) the level of weekly compensation and any weekly wages earned or able to shall be earned if partially incapacitated; and (b) the amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments. 29.2 pro rata. Accident pay Pay shall not apply: (a) in respect of apply 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. (b) 33.17.3 An Employee is not entitled to any incapacity occurring during payment under this clause for paid Annual Leave, public holidays or LSL. 33.17.4 Nothing in 33.17 shall be taken as restricting or removing the first two weeks of employment unless 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 incapacity continues beyond an examination or obstructs the first two weeks;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. (c) where 33.17.5 Where in accordance with the Accident respective Workers’ Compensation Act Act, a medical practitioner provides information referee gives a certificate as to an employer the condition of an employeethe Employee and the Employee’s fitness for work or specifies work for which an employee has a capacity the Employee is fit and such work is made available by an employer but not commenced FXA and refused by an employeethe Employee, Accident Pay shall cease from the date of refusal or failure to commence work. 29.3 Industrial diseases contracted by 33.17.6 In the event that an Employee receives a gradual process lump sum in redemption of weekly payments under the respective Workers’ Compensation Act, the liability of FXA to pay Accident Pay shall cease from the date of such redemption. 33.17.7 Where the Employee recovers damages from the Company or injuries subject to recurrence, aggravation or acceleration shall not be subject to a third party for the accident pay unless the employee has been employed with the employer at the time injury independently of the incapacity for a minimum period of one month. 29.4 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury. 29.5 Where an employee receives a weekly payment under this Section and subsequently such payment is reduced pursuant to the respective Workers’ Compensation Act, such reduction the Employee will not render the employer liable to increase repay FXA the amount of accident pay in respect of that injury. 29.6 Entitlement to accident pay ceases on termination of the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. 29.7 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 his/her entitlement to accident pay under this clause. 29.8 Casual employees’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).of

ACCIDENT PAY. 29.1 Where an employee becomes entitled to weekly compensation payments pursuant Subject at all times to the Accident Compensation Act 1985 (provisions of this clause, an Employee upon receiving payment of workers’ compensation in the Act)terms of the relevant State legislation and continuing to receive such payment in respect of weekly or fortnightly incapacity within the meaning of the relevant State legislation, shall be paid accident pay by the employer will Employer who is liable to pay to workers’ compensation under the employee an amount equivalent to relevant State legislation, which said liability by the difference betweenEmployer for accident pay may be discharged by another person on its behalf, provided that: (a) Accident pay shall only be payable to an Employee whilst such Employee remains in the level employment of the Employer and then only for such a period as the Employee receives a weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; andfortnightly payment under the relevant State legislation; (b) The Employer shall not terminate the amount that would have been payable under this award employment of the Employee to avoid payment of entitlements for the classification of work if the employee had been performing their normal duties, and any weekly overaward payment, Employee provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar payments.for in this clause; 29.2 (c) Accident pay shall not apply:apply to any incapacity occurring during the first three weeks of employment unless such incapacity continues beyond the first three weeks and then, the provisions of this clause shall apply only to the period of incapacity after the first three weeks. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State legislation) the provisions of this subclause shall not apply unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month; (ad) The provisions of this clause shall not apply in respect of any injury during the first five normal working days of incapacity; (be) An Employee, on engagement, may be required to any incapacity occurring during declare all workers’ compensation claims made by them or on their behalf in the first two weeks previous five years and in the event of employment unless such incapacity continues beyond false or inaccurate information being deliberately and knowingly declared, the first two weeksEmployer may require the Employee to forfeit their entitlement to accident pay under this clause; (cf) where in accordance with the Accident Compensation 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 such work is made available by an employer but not commenced by an employee. 29.3 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 29.4 The maximum period or aggregate of periods of accident pay to be made by an employer the Employer to staff employed under this Agreement, shall be a total of 39 weeks weeks; (g) The provisions of this clause shall not apply in respect of any period of other paid leave of absence; (h) 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; provided that such notice may be given by a representative of the Employee; (i) In order to receive the 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 their 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; (j) Where there is redemption of weekly or fortnightly compensation payments under the relevant State legislation, the Employee is receiving 100% of his or her previous wage, or the Employee has exhausted their entitlement to workers' compensation payments, the Employer’s liability to pay benefits under this clause shall cease as from the date of such redemption; (k) An Employee receiving or who has received accident pay shall advise the Employer of any one action the Employee may institute or any claim the Employee may make for damages. Further, the Employee shall, if requested, provide an authority to the Employer entitling the Employer to a charge upon any money payable pursuant to any verdict or settlement on that injury.; 29.5 (l) Where an Employee obtains a verdict for damages in respect of an injury for which the Employee has received benefits under this clause, the Employer’s liability to pay such benefits shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Employer, the Employee shall pay to the Employer the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced; (m) Where an Employee obtains a verdict for damages against a person other than the Employer in respect of an injury for which the Employee has received benefits under this clause, the Employer’s liability to pay such benefits shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Employer, the Employee shall pay to the Employer any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced; (n) Nothing in this clause shall require the Employer to insure against its liability for the payment of benefits under this clause; (o) Any changes in compensation rates under the relevant State legislation shall not increase the amount of the benefits payable under this clause what would have been payable had the rates of compensation remained unchanged; (p) All rights to any benefits under this clause shall cease on the death of an Employee; (q) Where an Employee received a benefit payment under this clause and such payment is payable for incapacity for part of a week, the amount shall be a direct pro rata. For the purposes of this clause, “accident pay” shall mean: (a) 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 or fortnightly payment of an amount representing the difference between the total amount of compensation paid under the relevant State legislation for the week in question and the total 38-hour weekly rate of the Employee if the employee had been performing their normal duties, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates or other similar payments shall not be included; and (b) 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 or fortnightly payment of an amount of compensation paid under the relevant State legislation for the period in question together with the average weekly or fortnightly amount the Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers’ Compensation Board or equivalent authority or as agreed between the parties) and the total 38-hour weekly rate of the Employee if the Employee had been performing their normal duties; provided that shift premiums, overtime payments, fares and travelling allowance, special rates or other similar payments shall not be included. The total so calculated shall be the same as that applying for a total incapacity under the paragraph above, provided that where an Employee receives a weekly or fortnightly payment under this Section paragraph and subsequently such payment is reduced pursuant to the Actrelevant State legislation, such reduction will not render increase the employer liable liability of the Employer to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to . For the 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 ceases on termination unless an entitlement exists under the relevant State legislation. For the purposes of the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. 29.7 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 his/her entitlement to accident pay under this clause, “relevant State legislation” shall mean the Workers Compensation Act 1987 (NSW) and the Workplace Injury Management and Workers Compensation Act 1998 (NSW), as amended from time to time. 29.8 Casual employees’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).

ACCIDENT PAY. 29.1 Where 16.1 Subject at all times to the provisions of this clause, an employee becomes entitled upon receiving payment of workers' compensation in the terms of the relevant State legislation and continuing to receive such payment in respect of weekly incapacity within the meaning of the relevant State legislation shall be paid accident pay by the company who is liable to pay workers' compensation payments pursuant to under the Accident Compensation Act 1985 (the Act), relevant State legislation which said liability by the employer will for accident pay, may be discharged by another person on behalf of the employer, provided that: 16.1.1 Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom so employed at the time of the incapacity and 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 an amount equivalent to the difference between: (a) the level avoid payment of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and (b) the amount that would have been payable under this award entitlements for the classification of work if the employee had been performing their normal duties, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar paymentsfor in this clause. 29.2 16.2 Accident pay shall not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two weeks;three weeks and (c) where 16.3 An employee on engagement may be required to declare all workers' compensation claims made in accordance with the Accident Compensation Act a medical practitioner provides previous five years and in the event of false or inaccurate information being deliberately and knowingly declared the employer may require the employee to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and such work is made available by an employer but not commenced by an employeeforfeit entitlement to accident pay under this clause. 29.3 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 29.4 16.4 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury. 29.5 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; 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 has received accident pay shall advise the employer of any action that may be instituted or any claim that may be made for damages. Further, the employee shall, if requested, provide an authority to the employer entitling the employer to a charge upon any money payable pursuant to any 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 employee receives a weekly benefit payment under this Section clause and subsequently such payment is reduced pursuant to the Act, such reduction will not render the employer liable to increase payable for incapacity for part of a week the amount shall be a direct pro rata. 16.11 For the purposes of this clause accident pay shall 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 difference between the total amount of 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 employee had been performing normal duties, provided that, overtime payments, tool allowance, special rates or 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 the period in question together with the 16.12 For the 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 in respect of that injuryunless an entitlement exists under the relevant State legislation. 29.6 Entitlement to accident pay ceases on termination 16.13 For the purposes of the employee’s employment, except where such termination: this clause relevant State legislation shall mean: ♦ Accident Compensation Act 1985; Accident Compensation (aWorkCover) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determineInsurance 1993 as amended. 29.7 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 his/her entitlement to accident pay under this clause. 29.8 Casual employees’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).

ACCIDENT PAY. 29.1 Where an employee becomes entitled to weekly compensation payments pursuant 4.16.1. Subject at all times to the Accident Compensation Act 1985 (provisions of this clause, an Employee upon receiving payment of workers compensation in the Act)terms of the relevant State legislation and continuing to receive such payment in respect of weekly or fortnightly incapacity within the meaning of the relevant State legislation shall be paid accident pay by the Company who is liable to pay workers' compensation under the relevant State legislation which said liability by the Company for accident pay may be discharged by another person on its behalf, the employer will pay to the employee an amount equivalent to the difference betweenprovided that: (a) Accident pay shall only be payable to an Employee whilst such Employee remains in the level employment of the Company and then only for such a period as they receive a weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; andfortnightly payment under the relevant State legislation. (b) The Company shall not terminate the amount that would have been payable under this award employment of the Employee to avoid payment of entitlements for the classification of work if the employee had been performing their normal duties, and any weekly overaward payment, Employee provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar paymentsfor in this clause. 29.2 (c) Accident pay shall not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two three weeks and then, the provisions of this clause shall apply only to the period of incapacity after the first three weeks; (c) where in accordance with the Accident Compensation Act a medical practitioner provides information . Provided that as to an employer of an employee’s fitness for work or specifies work for which an employee has a capacity and such work is made available by an employer but not commenced by an employee. 29.3 Industrial industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in the relevant State legislation) the provisions of this subclause shall not be subject to the accident pay apply unless the employee Employee has been employed with the employer Company at the time of the incapacity for a minimum period of one month. 29.4 (d) The provisions of this clause shall not apply in respect of any injury during the first five normal working days of incapacity. (e) An Employee on engagement may be required to declare all workers' compensation claims made by them or on their behalf in the previous five years and in the event of false or inaccurate Information being deliberately and knowingly declared the Company may require the Employee to forfeit their entitlement to accident pay under this clause. (f) The maximum period or aggregate of periods of accident pay to be made by an employer the Company to staff employed under this Agreement, shall be a total of 39 weeks weeks. (g) The provisions of this clause shall not apply in respect of any period of other paid leave of absence. (h) An Employee, upon receiving an injury for which they claim to be entitled to receive accident pay, shall give notice in writing of the said injury to the Company as soon as reasonably practicable after the occurrence thereof, provided that such notice may be given by a representative of the Employee. (i) 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 their fitness for work or specifies work for which the Employee is fit and such work is made available by the Company 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. (j) Where there is redemption of weekly or fortnightly compensation payments under the relevant State legislation, the Employee is receiving 100% of their previous wage or the Employee has exhausted their entitlement to Workers' Compensation payments, the Company's liability to pay benefits under this clause shall cease as from the date of such redemption. (k) An Employee receiving or who has received accident pay shall advise the Company of any one action they may institute or any claim they may make for damages. Further, the Employee shall, if requested, provide an authority to the Company entitling the Company to a charge upon any money payable pursuant to any verdict or settlement on that injury. 29.5 (l) Where an employee Employee obtains a verdict for damages in respect of an injury for which they have received benefits under this clause the Company's liability to pay such benefits shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of the benefits so paid by the Company, the Employee shall pay to the Company the amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. (m) Where an Employee obtains a verdict for damages against a person other than the Company in respect of an injury for which they have received benefits under this clause, the Company's liability to pay such benefits shall cease from the date of such verdict; provided that if the verdict for damages is not reduced either in whole or part by the amount of benefits so paid by the Company the Employee shall pay to the Company any amount of such benefits already received in respect of that injury by which the verdict has not been so reduced. (n) Nothing in this clause shall require the Company to insure against its liability for the payment of benefits under this clause. (o) Any changes in compensation rates under the relevant State legislation shall not increase the amount of the benefits payable under this clause that would have been payable had the rates of compensation remained unchanged. (p) All rights to any benefits under this clause shall cease on the death of an Employee. (q) Where an Employee receives a benefit payment under this clause and such payment is payable for incapacity for part of a week the amount shall be a direct pro rata. 4.16.2. For the purposes of this clause "accident pay" shall mean: (a) 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 or fortnightly payment of an amount representing the difference between the total amount of compensation paid under the relevant State legislation for the week in question and the total 38-hour weekly rate of the Employee if they had been performing their normal duties, provided that shift premiums, overtime payments, fares and travelling allowance, tool allowance, special rates or other similar payments shall not be included. (b) 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 or fortnightly payment of an amount of compensation paid under the relevant State legislation for the period in question together with the average weekly or fortnightly amount the Employee is earning or is able to earn in some suitable employment or business (as determined expressly or by implication by the relevant Workers' Compensation Board or equivalent authority or as agreed between the parties) and the total 38-hour weekly rate of the Employee if they had been performing their normal duties; provided that shift premiums, overtime payments, fares and travelling allowance, special rates or other similar payments shall not be included. The total so calculated shall be the same as that applying for a total incapacity under the paragraph above, provided that where an Employee receives a weekly or fortnightly payment under this Section paragraph and subsequently such payment is reduced pursuant to the Act, relevant State legislation such reduction will not render increase the employer liable liability of the Company to increase the amount of accident pay in respect of that injury. 29.6 Entitlement to 4.16.3. For the 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 ceases on termination of unless an entitlement exists under the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determinerelevant State legislation. 29.7 An employee on engagement may be required 4.16.4. For the purposes of this clause ''relevant State legislation'' shall mean the Workplace Injury Rehabilitation and Compensation Act 2013 (VIC), the Workers Compensation Act 1958 (VIC) and the Accident Compensation Act 1985 (VIC) as amended from time 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 his/her entitlement to accident pay under this clausetime. 29.8 Casual employees’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).

ACCIDENT PAY. 29.1 Where 46.1 The Company shall pay an employee becomes entitled to accident pay where the employee receives an injury for which weekly payments of compensation payments are payable by or on behalf of the Company pursuant to the Accident Compensation Act 1985 (provisions of the Act), relevant workers’ compensation act. 46.2 The Company shall pay accident pay during the employer will pay to incapacity of the employee an amount equivalent to within the difference between: (a) meaning of the level relevant workers’ compensation act until such incapacity ceases or until the expiration of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated; and (b) a period of twenty-six weeks from the amount that would have been payable under this award for the classification date of work if the employee had been performing their normal dutiesinjury, and any weekly overaward payment, provided that such rate shall exclude additional remuneration by way of attendance bonus payments, shift premiums, overtime payments, special rates, fares and travelling allowance or other similar paymentswhichever comes first. 29.2 Accident 46.3 Provided that accident pay shall not apply: (a) in respect of any injury during the first five normal working days of incapacity; (b) apply to any incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two three weeks and then, subject to the aforementioned period of twenty-six weeks;, accident pay shall only apply to the period of incapacity after the first three weeks. (c) where in accordance with 46.4 Termination of the Accident Compensation Act a medical practitioner provides information to an employer of an employee’s fitness employment for work or specifies work for which an employee has a capacity and such work is made available by an employer but not commenced by an employeeany reason during the period of incapacity shall in no way affect the liability of the Company to pay accident pay. 29.3 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration 46.5 An employee shall not be subject entitled to the accident pay unless the employee has been employed with the employer at the time any payment under this clause in respect of the incapacity for a minimum any period of one monthpaid annual leave, long service leave or paid public holiday. 29.4 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury. 29.5 Where an 46.6 In the event that the employee receives a lump sum in redemption of weekly payment payments under this Section and subsequently the relevant worker’s compensation act, the liability of the Company to pay accident pay shall cease from the date of such payment redemption. 46.7 Where the employee obtains a verdict for damage against the Company or a third party in respect of an injury for which he or she has received accident pay the Company’s liability to pay accident pay shall cease from the date of such verdict; provided that if the verdict for damages is not reduced pursuant to the Act, such reduction will not render the employer liable to increase either in whole or in part by the amount of accident pay made by the Company the employee shall pay to the Company any amount of accident pay already received in respect of that injuryinjury by which the verdict has not been so reduced. 29.6 Entitlement to accident pay ceases on termination of the employee’s employment, except where such termination: (a) is by the employer other than for reason of the employee’s serious and/or wilful misconduct; or (b) arises from a declaration of bankruptcy or liquidation of the employer, in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. 29.7 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 his/her entitlement to accident pay under this clause. 29.8 Casual employees’ make-up pay shall be based on the number of hours worked per week over the last month, with the present employer, or if less than one month the average for the time worked. The amount to be paid as the normal weekly rate of pay only (i.e. time plus the casual loading).