Common use of Qualifications for payment Clause in Contracts

Qualifications for payment. (a) Subject to the terms of this clause, an Employee covered by the Agreement will, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the WIRC Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the Employer, provided that: (i) Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will only be payable to an Employee whilst that Employee remains in the employment of the Employer 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 if an Employee who is partially incapacitated cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer then the relevant amount of accident pay will still be payable. (iii) Provided further that in the case of the termination by an Employer of an Employee who is incapacitated and receiving accident pay, accident pay will 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. (iv) In order to qualify for the continuance of accident pay on termination an Employee will if required provide evidence to the Employer of the continuing payment of weekly payments of compensation. (b) Subject to this clause, accident pay will not apply in respect of any injury during the first five normal working days of incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this Agreement.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee covered by the Agreement will, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the WIRC Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the Employer, provided that: (i) Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b28.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will only be payable to an Employee whilst that Employee remains in the employment of the Employer 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 if an Employee who is partially incapacitated cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer then the relevant amount of accident pay will still be payable. (iii) Provided further that in the case of the termination by an Employer of an Employee who is incapacitated and receiving accident pay, accident pay will 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. (iv) In order to qualify for the continuance of accident pay on termination an Employee will if required provide evidence to the Employer of the continuing payment of weekly payments of compensation. (b) Subject to this clause, accident pay will not apply in respect of any injury during the first five normal working days of incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this Agreement.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee covered by the Agreement will, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the WIRC Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the Employer, provided that: (i) Accident pay will 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 then, subject to subclause 33.6(b27.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two (2) weeks. (ii) Accident pay will only be payable to an Employee whilst that Employee remains in the employment of the Employer 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 if an Employee who is partially incapacitated cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer then the relevant amount of accident pay will still be payable. (iii) Provided further that in the case of the termination by an Employer of an Employee who is incapacitated and receiving accident pay, accident pay will 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. (iv) In order to qualify for the continuance of accident pay on termination an Employee will if required provide evidence to the Employer of the continuing payment of weekly payments of compensation. (b) Subject to this clause, accident pay will not apply in respect of any injury during the first five (5) normal working days of incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury Injury subject to recurrence, aggravation, or acceleration, such injuries Injuries or diseases will 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 (1) month. (d) On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five (5) years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this Agreement.

Qualifications for payment. (a) Subject Accident pay shall only be payable to an employee whilst such employee remains in the employment of the Company and then only for such period as the employee receives a weekly payment under the Act. In the case of the termination by the Company of an employee who is incapacitated and receiving accident pay, accident pay shall continue to apply subject to the terms provisions of this clause, an Employee covered by scheme except in those cases where the Agreement will, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the WIRC Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the Employer, provided thattermination: (i) is due to serious and/or wilful misconduct on the part of the employee; or (ii) is due to redundancy or retirement. In the case of an employee who elects to terminate the employment whilst incapacitated and receiving accident pay, such payment shall be payable only up to the date of such termination of employment. (b) Accident pay will shall not apply to any an incapacity occurring during the first two three weeks of employment unless such incapacity continues beyond the first two three weeks and then, subject to subclause 33.6(b(c) hereof and to the maximum period of payment prescribed elsewhere herein, accident pay will shall apply only to the period of incapacity after the first two three weeks. (ii) Accident pay will only be payable to an Employee whilst that Employee remains in the employment of the Employer 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 if an Employee who is partially incapacitated cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer then the relevant amount of accident pay will still be payable. (iii) Provided further that in the case of the termination by an Employer of an Employee who is incapacitated and receiving accident pay, accident pay will 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. (iv) In order to qualify for the continuance of accident pay on termination an Employee will if required provide evidence to the Employer of the continuing payment of weekly payments of compensation. (b) Subject to this clause, accident pay will not apply in respect of any injury during the first five normal working days of incapacity. (c) In relation Subject to industrial diseases contracted by a gradual process or injury subject to recurrencethe provisions prescribed in subclause (b) hereof, aggravation, or acceleration, such injuries or diseases will not be subject to accident pay unless shall apply as from the Employee has been employed with date of injury or the Employer at the time first day of the incapacity absence, for a minimum period of one monthwhich compensation is payable. (d) On engagement, an Employee An employee on engagement may be required to declare all workers workers' compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults false or inaccurate information being given deliberately and knowingly declared declared, the Employer Company may require the Employee employee to forfeit their his entitlement to accident pay. (e) Where medical evidence supports, the Company will offer and the employee will accept alternative employment whilst incapacitated and excluded from performing his normal work. Provided that if the employee elects not to accept the offer of alternative employment, the employee shall not be eligible for accident pay. In deciding whether the employee will be offered alternative employment, the Company will take into account the medical reports from the employee's medical adviser, the medical adviser nominated by the Company's workers' compensation insurer, and the opinion of the Company medical officer. An employee offered and accepting alternative work in accordance with the provisions of this subclause shall be paid the rate of pay under this Agreementapplicable to the classification in which he was employed at the time of injury. (f) Accident pay will not apply in cases where, in the opinion of the Company, the injury arises from an incident where the employee has not observed the Company's safety and other regulations, but will apply if the employee is injured whilst carrying out duties and/or training directly or indirectly related to the employment.

Qualifications for payment. (a) Subject Always subject to the terms of this clause, an Employee employee covered by the this Agreement will, shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC Act, meaning of the Act be paid accident pay by their Employer his/her employer who is liable to pay compensation under the WIRC Act, which said liability by the Hospital for Accident Pay may be discharged by another person on behalf of the Employerhis/her behalf, provided that: (i) 27.2.1 Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee such employee remains in the employment of the Employer Hospital by whom they were he/she was employed at the time of the incapacity and then only for such period as they received he/she receives a weekly payment under the WIRC Act. Provided that if an Employee who is partially incapacitated employee on partial incapacity cannot obtain suitable employment from their Employer his/her employer but such alternative employment is available with another Employer employer then the relevant amount of accident pay will shall still be payable. (iii) . Provided further that in the case of the termination of employment by an Employer the Hospital of an Employee employee who is incapacitated and receiving who except for such termination would be entitled to accident pay, accident pay will 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. (iv) employee. In order to qualify for the continuance of accident pay on termination an Employee will employee shall if required provide evidence to the Employer his/her employer of the continuing payment of weekly payments of compensationworkers compensation payments. (b) Subject 27.2.2 Accident pay shall not apply to this clauseany incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to sub-clause 27.2.3 and to the maximum period of payment prescribed elsewhere herein, accident pay will 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 Hospital at the time of the incapacity for a minimum period of one month. 27.2.3 Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity. Provided however that in the case of an employee 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. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee 27.2.4 An employee on engagement may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults false or inaccurate information being deliberately and knowingly declared the Employer Hospital may require the Employee employee to forfeit their his/her entitlement to accident pay under this Agreementclause.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee covered by the Agreement will, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the WIRC Act, be paid accident pay by their Employer the Company who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the EmployerCompany, provided that: (i) Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will only be payable to an Employee whilst that Employee remains in the employment of the Employer Company 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 if an Employee who is partially incapacitated cannot obtain suitable employment from their Employer the Company but such alternative employment is available with another Employer then the relevant amount of accident pay will still be payable. (iii) Provided further that in the case of the termination by an Employer the Company of an Employee who is incapacitated and receiving accident pay, accident pay will 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. (iv) In order to qualify for the continuance of accident pay on termination an Employee will if required provide evidence to the Employer Company of the continuing payment of weekly payments of compensation. (b) Subject to this clause, accident pay will not apply in respect of any injury during the first five normal working days of incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will not be subject to accident pay unless the Employee has been employed with the Employer Company at the time of the incapacity for a minimum period of one month. (d) On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer Company may require the Employee to forfeit their entitlement to accident pay under this Agreement.

Qualifications for payment. (a) Subject to the terms of this clause, an An Employee who is covered by the this Agreement will, shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC Act, meaning of the relevant Act be paid accident pay by their the Employer who is liable to pay compensation under the WIRC Act, Act which said liability by the Employer for accident pay may be discharged by another person on behalf of the Employerhis or her behalf, provided that: (i) 6.2.1. Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee whilst that such Employee remains in the employment of the Employer by whom they were the Employee was employed at the time of the incapacity and then only for such period as they received the Employee receives a weekly payment under the WIRC relevant Act. Provided , provided that if an Employee who is partially incapacitated on partial incapacity cannot obtain suitable employment from their the Employer but such alternative employment is available with another Employer employer then the relevant amount of accident pay will shall still be payable. (iii) . Provided further that in the case of the termination by an Employer of an Employee who is incapacitated and receiving accident pay, accident pay will shall continue to apply subject to the provisions of this clause except in those cases where where; i. the termination is due to serious and/or wilful willful misconduct on the part of the Employee; or arises from a declaration of liquidation of Employer in which case the Employee's entitlement shall be considered by the parties to the Agreement. (iv) ii. In order to qualify for the continuance of accident pay on termination an Employee will shall if required provide evidence to the Employer of the continuing payment of weekly payments of compensationworkers' compensation payments. (b) Subject to this clause, accident 6.2.2. Accident pay will shall not apply in respect of to any injury incapacity occurring during the first five normal working days three weeks of incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury employment unless such incapacity continues beyond the first three weeks and then, subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this Agreement.to

Qualifications for payment. (a) Subject Always subject to the terms of this clause, an Employee employee covered by the this Agreement will, shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC Act, meaning of the respective Act be paid accident pay by their the Employer who is liable to pay compensation under the WIRC respective Act, which said liability by the Employer for accident pay may be discharged by another person on behalf of the Employerhis/her behalf, provided that: (i) : Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee such employee remains in the employment of the Employer by whom they were he/she was employed at the time of the incapacity and then only for such period as they received he/she receives a weekly payment under the WIRC respective Act. Provided that if an Employee who is partially incapacitated employee on partial incapacity cannot obtain suitable employment from their the Employer but such alternative employment is available with another Employer then the relevant amount of accident pay will shall still be payable. (iii) . Provided further that in the case of the termination by an the Employer of an Employee employee who is incapacitated and receiving accident pay, accident pay will shall continue to apply subject to the provisions of this clause except in those cases where where: • the termination is due to serious and/or wilful misconduct on the part of the Employee. (iv) employee; or • arises from a declaration of liquidation of the company in which case the employee's entitlement shall be determined by the appropriate State legislation. In order to qualify for the continuance of accident pay on termination an Employee will employee shall if required provide evidence to the Employer of the continuing payment of weekly payments of compensation. (b) Subject to this clause, accident pay will not apply in respect of any injury during the first five normal working days of incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee worker's compensation payments. An employee on engagement may be required to declare all workers worker's compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults false or inaccurate information being deliberately and knowingly declared the Employer may require the Employee employee to forfeit their his/her entitlement to accident pay under this Agreement.

Qualifications for payment. (a) Subject Always subject to the terms of this clause, an Employee employee covered by the this Agreement will, shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC Act, meaning of the respective Act be paid accident pay by their Employer his/her employer who is or was at the time of the injury liable to pay compensation under the WIRC respective Act, which said liability by the employer for accident pay may be discharged by another person on his/her behalf of the Employer, provided that: (i) 37.2.1 Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee such employee remains in the employment of the Employer employer by whom they were he/she was employed at the time of the incapacity and then only for such period as they received he/she receives a weekly payment under the WIRC respective Act. Provided that if an Employee who is partially incapacitated employee on partial incapacity cannot obtain suitable employment from their Employer his/her employer but such alternative employment is available with another Employer employer then the relevant amount of accident pay will shall still be payable. (iii) payable pursuant to the respective Act. Provided further that in the case of the termination by an Employer the employer of an Employee employee who is incapacitated and receiving accident pay, accident pay will shall continue to apply subject to the provisions of this clause except in those cases where where: (a) the termination is due to serious and/or wilful willful misconduct on the part of the Employee.employee; or (ivb) arises from a declaration of liquidation of the company in which case the employee's entitlement shall be determined by the appropriate State legislation. In order to qualify for the continuance of accident pay on termination an Employee will employee shall, if required required, provide evidence to the Employer his/her employer of the continuing payment of weekly payments of compensationworkers' compensation payments. (b) Subject 37.2.2 Accident pay shall not apply to any incapacity occurring during the first three weeks of employment unless such incapacity continues beyond the first three weeks and then, subject to sub clause 37.2.3 of this clausesubclause and to the maximum period of payment prescribed elsewhere herein, accident pay will not shall apply in respect only to the period of any injury during incapacity after the first five normal working days of incapacitythree weeks. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee may be required to declare all workers compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee to forfeit their entitlement to accident pay under this Agreement.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee employee covered by the Agreement willthis award shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the WIRC Compensation Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Compensation Act, which liability may be discharged by another person on behalf of the Employer, provided that: (i) Accident pay will shall not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b82.5(d) and to the maximum period of payment prescribed elsewhere herein, accident pay will shall apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee employee remains in the employment of the Employer 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 Compensation Act. Provided that if an Employee employee who is partially incapacitated cannot obtain suitable employment from their Employer but such alternative employment is available with another Employer employer then the relevant amount of accident pay will shall still be payable. (iiib) Provided further that in the case of the termination by an Employer of an Employee employee who is incapacitated and receiving accident pay, accident pay will 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 Employeeemployee. (ivc) In order to qualify for the continuance of accident pay on termination an Employee will employee shall if required provide evidence to the Employer of the continuing payment of weekly payments of compensation. (bd) Subject to this clause, accident pay will shall not apply in respect of any injury during the first five normal working days of incapacity. Provided however that in the case of an employee who contracts an infectious disease in the course of duty and is entitled to receive compensation for that disease shall receive accident pay from the first day of incapacity. (ce) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will shall not be subject to accident pay unless the Employee employee has been employed with the Employer at the time of the incapacity for a minimum period of one month. (df) On engagement, an Employee employee may be required to declare all workers compensation and/or accident claims made under the WIRC Compensation Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the Employer may require the Employee employee to forfeit their entitlement to accident pay under this Agreementaward.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee An employee who is covered by the this Agreement will, shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC Act, meaning of the relevant Act be paid accident pay by their Employer Xxxxx who is liable to pay compensation under the WIRC Act, Act which said liability by Xxxxx for accident pay may be discharged by another person on behalf of the Employerhis or her behalf, provided that: (i) 19.2.1 Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee such employee remains in the employment of the Employer Rocla by whom they were the employee was employed at the time of the incapacity and then only for such period as they received the employee receives a weekly payment under the WIRC relevant Act. Provided , provided that if an Employee who is partially incapacitated employee on partial incapacity cannot obtain suitable employment from their Employer Rocla but such alternative employment is available with another Employer employer then the relevant amount of accident pay will shall still be payable. (iii) . Provided further that in the case of the termination by an Employer employer of an Employee employee who is incapacitated and receiving accident pay, accident pay will shall continue to apply subject to the provisions of this clause except in those cases where where; (a) the termination is due to serious and/or wilful misconduct on the part of the Employee. (iv) employee; or arises from a declaration of liquidation of Rocla in which case the employee's entitlement shall be considered by the parties to the Agreement. In order to qualify for the continuance of accident pay on termination an Employee will employee shall if required provide evidence to the Employer Rocla of the continuing payment of weekly payments of compensationworkers' compensation payments. (b) Subject 19.2.2 Accident pay shall not apply to this clauseany incapacity occurring during the first three weeks of employment unless such incapacity continues beyond the first three weeks and then, subject to 19.2.3 and to the maximum period of payment prescribed elsewhere herein, accident pay will shall apply only to the period of incapacity after the first three weeks. Provided that as to industrial diseases contracted by a gradual process of injuries subject to recurrence, aggravation or acceleration (as provided in the Act) such injuries or diseases shall not be subject to accident pay unless the employee has been employed with Xxxxx at the time of the incapacity for a minimum of one month. 19.2.3 In Victoria, accident pay shall not apply in respect of any injury during the first five normal working days of any incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee may be 19.2.4 An employee on engagement is required to declare all workers workers' compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults false or inaccurate information being deliberately and knowingly declared the Employer Xxxxx may require the Employee employee to forfeit their the employee’s entitlement to accident pay under this Agreement.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee covered by the Agreement willAn employee shall, upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC meaning of the Workers Compensation Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the Employer, PMS provided that: (ia) Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee such employee remains in the employment of the Employer by whom they were employed at the time of the incapacity PMS and then only for such period as they received the employee receives a weekly payment under the WIRC Workers Compensation Act. Provided that if an Employee who is partially incapacitated employee on partial capacity cannot obtain suitable employment from their Employer PMS but such alternative employment is available with another Employer Company, then the relevant amount of accident pay will shall still be payable. (iiib) Provided further that in the case of the termination by an Employer of an Employee employee who is incapacitated and receiving accident pay, such accident pay will shall continue to apply subject to the provisions of this clause Clause except in those cases where where: • the termination is due to serious and/or wilful misconduct on the part of the Employeeemployee; or • arises from a deduction of liquidation of the company in which case the employee's entitlement shall be determined by the appropriate State Legislation. (ivc) In order to qualify for the continuance of accident pay on termination termination, an Employee will employee shall, if required required, provide evidence to the Employer PMS of the continuing payment of weekly payments of compensationworkers' compensation payment pursuant to the Workers Compensation Act. (bd) Subject Accident pay shall not apply to this clause, any incapacity occurring during the first three weeks of employment unless such incapacity continues beyond the first three weeks and then accident pay will shall apply subject to sub-clause (e) only to the period of incapacity after the first three weeks. (e) Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity. (cf) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee An employee on engagement may be required to declare all workers workers' compensation and/or accident claims made under the WIRC Act in the previous five years and and, in the event of defaults false or inaccurate information being deliberately and knowingly declared declared, the Employer Company may require the Employee employee to forfeit their the entitlement to accident pay under this Agreement. (g) Accident pay shall not be payable where, in accordance with the Workers Compensation Act, a medical referee gives a certificate as to the condition of the employee and the employee's fitness for work or specified work for which the employee is fit and such work is made available by PMS and refused by the employee or the employee fails to commence the work. Provided that where PMS is unable to provide work of the nature stipulated by the medical referee an employee shall take all reasonable steps to obtain such work with another Company and, in the event of failure to do so, payment of accident pay shall cease.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee covered by the Agreement willAn employee shall, upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC meaning of the Workers Compensation Act, be paid accident pay by their Employer who is liable to pay compensation under the WIRC Act, which liability may be discharged by another person on behalf of the Employer, Xxxxxxxx provided that: (ia) Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee such employee remains in the employment of the Employer by whom they were employed at the time of the incapacity Tungsten and then only for such period as they received the employee receives a weekly payment under the WIRC Workers Compensation Act. Provided that if an Employee who is partially incapacitated employee on partial capacity cannot obtain suitable employment from their Employer Tungsten but such alternative employment is available with another Employer Company, then the relevant amount of accident pay will shall still be payable. (iiib) Provided further that in the case of the termination by an Employer of an Employee employee who is incapacitated and receiving accident pay, such accident pay will shall continue to apply subject to the provisions of this clause Clause except in those cases where where: the termination is due to serious and/or wilful misconduct on the part of the Employeeemployee; or arises from a deduction of liquidation of the company in which case the employee's entitlement shall be determined by the appropriate State Legislation. . (ivc) In order to qualify for the continuance of accident pay on termination termination, an Employee will employee shall, if required required, provide evidence to the Employer Tungsten of the continuing payment of weekly payments of compensationworkers' compensation payment pursuant to the Workers Compensation Act. (bd) Subject Accident pay shall not apply to this clause, any incapacity occurring during the first three weeks of employment unless such incapacity continues beyond the first three weeks and then accident pay will shall apply subject to sub-clause (e) only to the period of incapacity after the first three weeks. (e) Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity. (cf) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee An employee on engagement may be required to declare all workers workers' compensation and/or accident claims made under the WIRC Act in the previous five years and and, in the event of defaults false or inaccurate information being deliberately and knowingly declared declared, the Employer Company may require the Employee employee to forfeit their the entitlement to accident pay under this Agreement. (g) Accident pay shall not be payable where, in accordance with the Workers Compensation Act, a medical referee gives a certificate as to the condition of the employee and the employee's fitness for work or specified work for which the employee is fit and such work is made available by Xxxxxxxx and refused by the employee or the employee fails to commence the work. Provided that where Xxxxxxxx is unable to provide work of the nature stipulated by the medical referee an employee shall take all reasonable steps to obtain such work with another Company and, in the event of failure to do so, payment of accident pay shall cease.

Qualifications for payment. (a) Subject to the terms of this clause, an Employee An employee who is covered by the this Agreement will, shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the WIRC Act, meaning of the relevant Act be paid accident pay by their Employer Civilmart who is liable to pay compensation under the WIRC Act, Act which said liability by Civilmart for accident pay may be discharged by another person on behalf of the Employerhis or her behalf, provided that: (i) 6.2.1 Accident pay will not apply to any incapacity occurring during the first two weeks of employment unless such incapacity continues beyond the first two weeks and then, subject to subclause 33.6(b) and to the maximum period of payment prescribed elsewhere herein, accident pay will apply only to the period of incapacity after the first two weeks. (ii) Accident pay will shall only be payable to an Employee employee whilst that Employee such employee remains in the employment of the Employer Civilmart by whom they were the employee was employed at the time of the incapacity and then only for such period as they received the employee receives a weekly payment under the WIRC relevant Act. Provided , provided that if an Employee who is partially incapacitated employee on partial incapacity cannot obtain suitable employment from their Employer Civilmart but such alternative employment is available with another Employer employer then the relevant amount of accident pay will shall still be payable. (iii) . Provided further that in the case of the termination by an Employer employer of an Employee employee who is incapacitated and receiving accident pay, accident pay will shall continue to apply subject to the provisions of this clause except in those cases where where; i. the termination is due to serious and/or wilful misconduct on the part of the Employeeemployee; or arises from a declaration of liquidation of Civilmart in which case the employee's entitlement shall be considered by the parties to the Agreement. (iv) ii. In order to qualify for the continuance of accident pay on termination an Employee will employee shall if required provide evidence to the Employer Civilmart of the continuing payment of weekly payments of compensationworkers' compensation payments. (b) Subject 6.2.2 Accident pay shall not apply to this clauseany incapacity occurring during the first three weeks of employment unless such incapacity continues beyond the first three weeks and then, subject to 6.2.3 and to the maximum period of payment prescribed elsewhere herein, accident pay will shall apply only to the period of incapacity after the first three weeks. Provided that as to industrial diseases contracted by a gradual process of injuries subject to recurrence, aggravation or acceleration (as provided in the Act) such injuries or diseases shall in Victoria, accident pay shall not apply in respect of any injury during the first five normal working days of any incapacity. (c) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases will 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. (d) On engagement, an Employee may be 6.2.3 An employee on engagement is required to declare all workers workers' compensation and/or accident claims made under the WIRC Act in the previous five years and in the event of defaults false or inaccurate information being deliberately and knowingly declared the Employer Civilmart may require the Employee employee to forfeit their the employee's entitlement to accident pay under this Agreement.