Common use of Qualification for payment Clause in Contracts

Qualification for payment. Always subject to the terms of this clause, an employee covered by this Agreement shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act be paid accident pay by his employer who is liable to pay compensation under the Act, which said liability by the employer for accident pay may be discharged by another person on his behalf, provided that:- (a) Accident pay shall only be payable to an employee whilst such 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 that if an employee on partial incapacity cannot obtain suitable employment from this employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable. Provided further that in the case of the termination by an employer of an employee who is incapacitated and who excepted for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:- (i) The termination is due to serious and/or wilful misconduct on the part of the employee; or (ii) arises from a declaration of liquidation of the company in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to his employer of the continuing payment of weekly workers' compensation payments. (b) Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and the, subject to sub-clause (c) and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section 3 of the Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. (c) Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-working days, of incapacity. (d) An employee on engagement may be required to declare all workers compensation claims made in the previous 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 entitlement to accident pay under this clause.

Qualification for payment. Always subject to the terms of this clause, an employee Employee covered by this Agreement clause shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the WIRC Act be paid accident pay by his employer their Employer who is liable to pay compensation under the WIRC Act, which said liability by the employer Employer for accident pay may be discharged by another person on his behalf, provided that:-that: (a) Accident pay shall only be payable to an employee Employee whilst such employee Employee remains in the employment of the employer Employer by whom he was they are employed at the time of the incapacity and then only for such period as he receives they receive a weekly payment under the WIRC Act. Provided that if an employee Employee on partial incapacity cannot obtain suitable employment from this employer their Employer but such alternative employment is available with another employer then Employer than the relevant amount of accident pay shall still be payable. . (b) Provided further that in the case of the termination of employment by an employer the Employer of an employee Employee who is incapacitated and who excepted except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:- (i) The where the termination is due to serious and/or wilful misconduct on the part of the employee; orEmployee. (iic) arises from a declaration of liquidation of the company in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. In order to qualify for the continuance of accident pay on termination an employee Employee shall if required provide evidence to his employer their Employer of the continuing payment of weekly workers' Employees compensation payments. (bd) Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and the, then subject to sub-clause subclause (ce) and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section 3 of the Act) WIRC Act such injuries or diseases shall not be subject to accident pay unless the employee Employee has been employed with the employer Employer at the time of the incapacity for a minimum period of one month. (ce) Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-five normal working days, days of incapacity. Provided however that in the case of a Registered Nurse who contracts an infectious disease in the course of duty and is entitled to receive workers compensation therefore shall receive accident pay from the first day of the incapacity. (df) An employee on engagement may be required to declare all workers compensation claims made in the previous 5 years, and in the event Maximum period of false payment The maximum period or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit his entitlement to aggregate of periods of accident pay under this clauseto be made by the Employer shall be a total of 39 weeks for any one injury as defined in subclause (d). (g) Absences on other paid leave An Employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence.

Qualification for payment. 38.2.1 Always subject to the terms of this clause, an employee covered by this Agreement shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act be paid accident pay by his employer his/her Operator who is liable to pay compensation under the Act, which said liability by the employer Operator for accident pay may be discharged by another person on his his/her behalf, provided that:-that: (a) Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer Operator by whom he he/she was employed at the time of the incapacity and then only for such period as he he/she receives a weekly payment under the Act. Provided that if an employee on partial incapacity cannot obtain suitable employment from this employer the Operator but such alternative employment is available with another employer Operator then the relevant amount of accident pay shall still be payable. . (b) Provided further that in the case of the termination by an employer the Operator of an employee who is incapacitated and who excepted for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:- (i) where: • The termination is due to serious and/or wilful misconduct on the part of the employee; or (ii) arises or • Arises from a declaration of liquidation of the company Operator in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. . (c) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to his employer the Operator of the continuing payment of weekly workers' compensation payments. (b) 38.2.2 Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks weeks, and the, subject then: • Subject to sub-clause (c) para 38.2.3 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. • Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section 3 any relevant State of the ActFederal legislation) such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer Operator at the time of the incapacity for a minimum period of one month. (c) 38.2.3 Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-five normal working days, days of incapacity. (d) 38.2.4 An employee on engagement may be required to declare all workers compensation claims made in the previous 5 five years, and in the event of false or inaccurate information being deliberately and knowingly declared the employer Operator may require the employee to forfeit his his/her entitlement to accident pay under this clause.

Qualification for payment. 31.2.1 Always subject to the terms of this clause, an employee covered by this Agreement agreement shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the WC Act be paid accident pay by his his/her employer who is liable to pay compensation under the WC Act, which said liability by the employer for accident pay may be discharged by another person on his his/her behalf, provided that:-that: (a) Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer by whom he he/she was employed at the time of the incapacity and then only for such period as he he/she receives a weekly payment under the WC Act. Provided that if an employee on partial incapacity cannot obtain suitable employment from this the employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable. . (b) Provided further that in the case of the termination by an the employer of an employee who is incapacitated and who excepted for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:-where: 31.2.1 (ib)(i) The termination is due to serious and/or wilful misconduct on the part of the employee; or 31.2.1 (iib)(ii) arises Arises from a declaration of liquidation of the company in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. . (c) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to his the employer of the continuing payment of weekly workers' compensation payments. (b) 31.2.2 Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks weeks, and the, subject then: 31.2.2 (a) Subject to sub-clause (c) 14.2.2 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section 3 of the Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. (c) Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-working days, of incapacity. (d) An employee on engagement may be required to declare all workers compensation claims made in the previous 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 entitlement to accident pay under this clause.

Qualification for payment. Always subject 26.3.1 Subject to the terms of this clause, an employee Employee covered by this Agreement shall shall, upon receiving payment of weekly compensation and continuing to receive such payment in respect of a weekly for incapacity within under the meaning of the Act WIRC Act, be paid accident pay by his employer who Epworth which is liable to pay compensation under the WIRC Act, which said liability by the employer for accident pay may be discharged by another person on his behalfbehalf of Epworth, provided that:-that: (a) Accident pay shall only be payable to an employee whilst such 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 that if an employee on partial incapacity cannot obtain suitable employment from this employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable. Provided further that in the case of the termination by an employer of an employee who is incapacitated and who excepted for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:- (i) The termination is due to serious and/or wilful misconduct on the part of the employee; or (ii) arises from a declaration of liquidation of the company in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to his employer of the continuing payment of weekly workers' compensation payments. (b) Accident pay shall not apply to any incapacity occurring during the first two (2) weeks of employment unless such incapacity continues beyond the first two (2) weeks and thethen, subject to sub-clause (c) 26.3.4 below and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two (2) weeks. (b) Accident pay shall only be payable to an Employee whilst that Employee remains in the employment of Epworth by whom they were employed at the time of the incapacity and then only for such period as they received a weekly payment under the WIRC Act. Provided that as if an Employee who is partially incapacitated cannot obtain suitable employment from Epworth, but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable. 26.3.2 Provided further that in the case of the termination by Xxxxxxx of an Employee who is incapacitated and receiving accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where the termination is due to serious and/or wilful misconduct on the part of the Employee. 26.3.3 In order to qualify for the continuance of accident pay on termination an Employee shall if required provide evidence to Epworth of the continuing payment of weekly payments of compensation. 26.3.4 Subject to this clause, accident pay shall not apply in respect of any injury during the first five (5) normal working days of incapacity. 26.3.5 In relation to industrial diseases contracted by a gradual process or injuries injury subject to recurrence, aggravation aggravation, or acceleration (as provided in Section 3 of the Act) acceleration, such injuries or diseases shall not be subject to accident pay unless the employee Employee has been employed with the employer Epworth at the time of the incapacity for a minimum period of one (1) month. (c) Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-working days, of incapacity. (d) An employee on engagement may be required to declare all workers compensation claims made in the previous 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 entitlement to accident pay under this clause.

Qualification for payment. Always subject to the terms of this clause, an employee covered by this Agreement shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Workers Compensation Act be paid accident pay by his employer the Company who is liable to pay compensation under the Workers Compensation Act, which said liability by the employer Company for accident pay may be discharged by another person on his or her behalf, provided that:-that: (a) Accident pay shall only be payable to an employee whilst such employee remains in the employment of the employer Company by whom he or she was employed at the time of the incapacity and then only for such period as he or she receives a weekly payment under the Workers Compensation Act. . (b) Provided that if an employee on partial incapacity cannot obtain suitable employment from this employer his or her Company but such alternative employment is available with another employer Company then the relevant amount of accident pay shall still be payable. . (c) Provided further that in the case of the termination by an employer the Company of an employee who is incapacitated and who excepted except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:-where: (i) The i. the termination is due to serious and/or wilful misconduct on the part of the employee; or (ii) . arises from a declaration of liquidation of the company in which case the employee's entitlement entitlement, in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. . 41.5.1 In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to his employer or her Company of the continuing payment of weekly workers' workers compensation payments. (b) Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and the, subject to sub-clause (c) and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section 3 of the Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. (c) Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-working days, of incapacity. (d) 41.5.2 An employee on engagement may be required to declare all workers compensation claims made in the previous 5 years, 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 entitlement to accident pay under this clause.inaccurate

Qualification for payment. Always subject to the terms of this clause, an employee a practitioner covered by this Agreement shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the Act be paid accident pay by his their employer who is liable to pay compensation under the Act, which said liability by the employer for accident pay may be discharged by another person on his their behalf, provided that:-that: (a) Accident pay shall be only be payable to an employee a practitioner whilst such employee practitioner remains in the employment of the employer by whom he was they were employed at the time of the incapacity and then only for such period as he receives they receive a weekly payment under the Act. Provided that if an employee a practitioner on partial incapacity cannot obtain suitable employment from this their employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable. Provided further that in the case of the termination of employment by an employer of an employee a practitioner who is incapacitated and who excepted except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:- (i) The where the termination is due to serious and/or wilful misconduct on the part of the employee; or (ii) arises from a declaration of liquidation of the company in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determinepractitioner. In order to qualify for the continuance of accident pay on termination an employee a practitioner shall if required provide evidence to his their employer of the continuing payment of weekly workers' workers compensation payments. (bi) Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and thethen, subject to sub-clause (c) and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. . (ii) Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section section 3 of the Act) such injuries or diseases shall not be subject to accident pay unless the employee practitioner has been employed with the employer at the time of the incapacity for a minimum period of one month. (c) Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-working days, of incapacity. (d) An employee on engagement may be required to declare all workers compensation claims made in the previous 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 entitlement to accident pay under this clause.

Qualification for payment. Always subject to the terms of this clause, an employee Employee covered by this Agreement part shall upon receiving payment of compensation and continuing to receive such payment in respect of a weekly incapacity within the meaning of the WIRC Act be paid accident pay by his employer their Employer who is liable to pay compensation under the WIRC Act, which said liability by the employer Employer for accident pay may be discharged by another person on his their behalf, provided that:-that: (a) 1.2.1 Accident pay shall only be payable to an employee Employee whilst such employee Employee remains in the employment of the employer Employer by whom he was they were employed at the time of the incapacity and then only for such period as he receives they receive a weekly payment under the WIRC Act. Provided that if an employee Employee on partial incapacity cannot obtain suitable employment from this employer their Employer but such alternative employment is available with another employer then Employer than the relevant amount of accident pay shall still be payable. . (a) Provided further that in the case of the termination of employment by an employer the Employer of an employee Employee who is incapacitated and who excepted except for such termination would be entitled to accident pay, accident pay shall continue to apply subject to the provisions of this clause except in those cases where:- (i) The where the termination is due to serious and/or wilful misconduct on the part of the employee; orEmployee. (iib) arises from a declaration of liquidation of the company in which case the employee's entitlement in the absence of agreement shall be referred to the Australian Industrial Relations Commission to determine. In order to qualify for the continuance of accident pay on termination an employee Employee shall if required provide evidence to his employer their Employer of the continuing payment of weekly workers' Employees compensation payments. (b) 1.3 Accident pay shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and the, then subject to sub-clause (c) 1.4 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two weeks. . 1.3.1 Provided that as to industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration (as provided in Section 3 of the Act) WIRC Act such injuries or diseases shall not be subject to accident pay unless the employee Employee has been employed with the employer Employer at the time of the incapacity for a minimum period of one month. (c) 1.4 Accident pay shall not apply in respect of any injury during the first full seven consecutive days, including non-five normal working days, days of incapacity. (d) 1.4.1 Provided however that in the case of a Registered Nurse who contracts an infectious disease in the course of duty and is entitled to receive workers compensation therefore shall receive accident pay from the first day of the incapacity. 1.5 An employee Employee on engagement may be required to declare all workers compensation claims made in the previous 5 years, five years and in the event of false or inaccurate information being deliberately and knowingly declared the employer Employer may require the employee Employee to forfeit his their entitlement to accident pay under this clause. 1.6 Maximum period of payment The maximum period or aggregate of periods of accident pay to be made by the Employer shall be a total of 39 weeks for any one injury as defined in clause 1.1.4. 1.7 Absences on other paid leave An Employee shall not be entitled to payment of accident pay in respect of any period of other paid leave of absence.