Compensation Make. Up Pay will not apply in some circumstances
(a) in respect of any Injury during the first five normal working days of incapacity, except where the Employee contracts an infectious disease for which the Employee is entitled to receive workers compensation in which case compensation make-up pay will apply from the first day of the incapacity;
(b) to any incapacity occurring during the first two weeks of employment unless that incapacity continues beyond the first two weeks in which case Compensation make-up pay will apply only to the period of incapacity after the first two weeks;
(c) during any period when the Employee fails to comply with the requirements of the WIRC Act with regard to examination by a medical practitioner;
(d) where the Injury for which the Employee is receiving weekly compensation payments is a pre-existing Injury that work has contributed to by way of recurrence, aggravation, acceleration, exacerbation or deterioration, and the Employee failed to disclose the Injury on engagement:
(i) following a request to do so by the Employer;
(ii) the Employer providing the Employee details of the requirements of the position; and
(iii) where the Employee knew, or ought to have known, that the nature of the Injury may impact on the ability of the Employee to undertake the work.
(e) where the Injury subject to recurrence, aggravation or acceleration as provided under workers' compensation legislation or industrial diseases contracted by a gradual process, unless the Employee has been employed with the Employer at the time of the incapacity for a minimum period of one month;
(f) where in accordance with the WIRC Act, a medical practitioner provides information to an Employer of an Employee's fitness for work or specifies work for which an Employee has a capacity and that work is made available by an Employer but not commenced by an Employee;
(g) when the claim has been ceased or redeemed in accordance with the WIRC Act; or
(h) in respect of any paid leave of absence.
Compensation Make. UP PAY
1.33.1 An Employee who is absent from work on account of a workplace injury or illness (Injury) arising out of an accepted workers’ compensation claim (Claim) will be paid make-up pay by the University. Injury for the purpose of this clause has the same meaning as that given in the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).
1.33.2 Make-up pay will not exceed a continuous period of 52 weeks or an aggregate of 52 weeks in respect of any one Injury. Irrespective of the number of Claims, there will only be one applicable make-up pay per relevant pay period.
1.33.3 For periods where the Employee is eligible to receive workers’ compensation payments, an Employee will be paid the difference between:
1.33.3.1 the Base Salary (as defined in clause 2.2.3 for Division 2 Employees or clause 3.2.2 for Division 3 Employees) applicable at the time of injury (excluding any payment for overtime, shift premiums, special rates or travelling allowance or incidental expenses or any payment of a temporary character such as reimbursement of expenditure incurred); and
1.33.3.2 the proportion of Pre-injury Average Weekly Earnings (PIAWE) payable to the Employee.
1.33.4 Where the PIAWE result in the applicable compensation being a higher amount than the Employee’s Base Salary at the time of injury, the Employee will not receive any additional payment; however, this still counts towards the 52 week period.
1.33.5 Make-up pay will be provided without reduction of the Employee’s Personal Leave entitlement while the Employee is entitled to workers’ compensation payments.
1.33.6 It is a condition of make-up pay that the Employee:
1.33.6.1 actively participates in appropriate and reasonable rehabilitation and return to work processes; and
1.33.6.2 attends medical examinations where required.
1.33.7 All other workers’ compensation matters are addressed in accordance with the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) or other applicable State legislation.
