Qualifications for payment. 30.6.1 Subject to the terms of this clause, an employee covered by this Agreement shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the Act, be paid accident pay by their employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the employer, provided that: (a) 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 then, subject to clause 30.6.2 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. (b) Accident pay shall 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 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 shall still be payable. (c) Provided further that in the case of the termination by an employer 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. (d) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly payments of compensation. 30.6.2 Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity. 30.6.3 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, 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. 30.6.4 On engagement, an employee may be required to declare all workers compensation and/or accident claims made under the 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.
Appears in 2 contracts
Samples: Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2009 2011, Victorian Public Health Sector (Health and Allied Services, Managers and Administrative Officers) Multiple Enterprise Agreement 2009 2011
Qualifications for payment. 30.6.1 Subject Always subject to the terms of this clause, an employee covered by this Agreement shall, shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the Act, meaning of the respective Act be paid accident pay by their his/her employer who is or was at the time of the injury liable to pay compensation under the 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:
(a) 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 then, subject to clause 30.6.2 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.
(b) 45.3.1 Accident pay shall only be payable to an employee whilst that 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 respective Act. Provided that if an employee who is partially incapacitated on partial incapacity cannot obtain suitable employment from their his/her employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable.
(c) payable pursuant to the respective Act. Provided further that in the case of the termination by an employer of 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 where:
(a) the termination is due to serious and/or wilful misconduct on the part of the employee.; or
45.3.1 (db) 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 shall shall, if required required, provide evidence to the his/her employer of the continuing payment of weekly payments of compensationworkers' compensation payments.
30.6.2 Subject 45.3.2 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
45.3.3 of this clausesubclause and to the maximum period of payment prescribed elsewhere herein, accident pay shall not apply in respect only to the period of any injury during incapacity after the first five normal working days of incapacitythree weeks.
30.6.3 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, 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.
30.6.4 On engagement, an employee may be required to declare all workers compensation and/or accident claims made under the 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.
Appears in 1 contract
Samples: Collective Agreement
Qualifications for payment. 30.6.1 Subject to the terms of this clause, an employee covered by this Agreement shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the Act, be paid accident pay by their employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the employer, provided that:
(a) 30.4.1 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 then, subject to clause 30.6.2 30.4.3 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.
(b) 30.4.2 Accident pay shall 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 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 shall still be payable.
(ca) Provided further that in the case of the termination by an employer 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.
(db) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly payments of compensation.
30.6.2 30.4.3 Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
30.6.3 30.4.4 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, 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.
30.6.4 30.4.5 On engagement, an employee may be required to declare all workers compensation and/or accident claims made under the 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.
Appears in 1 contract
Qualifications for payment. 30.6.1 Subject 39.4.1 Always subject to the terms of this clause, an employee covered by this Agreement shall, agreement shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the Act, meaning of the respective Act to be paid accident pay by their employer the Employer who is is/or was at the time of the injury liable to pay compensation under the respective Act, which said liability by the Employer for accident pay may be discharged by another person on behalf of the employer, Employer provided that:: accident pay shall only be payable to an employee whilst such employee remains in the employment of the Employer with whom the employee was employed at the time of the incapacity and then only for such period as the employee received a weekly payment under the respective Act. If an employee on partial incapacity cannot obtain suitable employment from the 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 the Employer of an employee who is incapacitated and receiving accident pay, such 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 willful misconduct on the part of the employee; or arises from a deduction of liquidation of the company in which case the employee' entitlement shall be determined by the appropriate State Legislation. in order to qualify for the continuance of accident pay on termination an employee shall, if required, provide evidence to his/her Employer of the continuing payment of weekly workers' compensation payment pursuant to the respective Act.
(a) 39.4.2 Accident pay shall not 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 paragraph 39.4.3 of this clause 30.6.2 and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first two three weeks.
(b) 39.4.3 Accident pay shall 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 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 shall still be payable.
(c) Provided further that in the case of the termination by an employer 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.
(d) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly payments of compensation.
30.6.2 Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
30.6.3 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases shall not be subject to accident pay unless the 39.4.4 An employee has been employed with the employer at the time of the incapacity for a minimum period of one month.
30.6.4 On engagement, an employee on engagement may be required to declare all workers workers' compensation and/or accident claims made under the Act in the previous five years and in the event of defaults false or inaccurate information being deliberately and knowingly declared the employer Employer may require the employee to forfeit their the entitlement to accident pay under this Agreementagreement.
Appears in 1 contract
Samples: Enterprise Agreement
Qualifications for payment. 30.6.1 Subject to the terms of this clause, an employee covered by this Agreement award shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the Act, be paid accident pay by their employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the employer, provided that:that:-
(ai) 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 then, subject to clause 30.6.2 42(C)(iii) 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.
(bii) Accident pay shall 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 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 shall still be payable.
(ca) Provided further that in the case of the termination by an employer 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.
(db) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly payments of compensation.
30.6.2 (iii) Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
30.6.3 (iv) In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, 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.
30.6.4 (v) On engagement, an employee may be required to declare all workers compensation and/or accident claims made under the Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the employer may require requie the employee to forfeit their entitlement to accident pay under this Agreementaward.
Appears in 1 contract
Samples: Multi Employer Certified Agreement
Qualifications for payment. 30.6.1 Subject to the terms of this clause, an employee covered by this Agreement shall, upon receiving rece iving payment of weekly compensation and continuing to receive such payment paymen t for incapacity under the Act, be paid accident pay by their employer Employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the employerEmployer, provided that:
(a) 30.4.1 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 then, subject su bject to clause 30.6.2 30.4.3 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.
(b) 30.4.2 Accident pay shall 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 Act. Provided that if an employee who is partially incapacitated cannot obtain suitable employment from their employer Employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable.
(ca) Provided further that in the case of the termination by an employer Employer of an employee who is incapacitated and receiving accident pay, accident pay shall continue to apply appl y 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.
(db) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer Employer of the continuing payment of weekly payments of compensation.
30.6.2 30.4.3 Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
30.6.3 30.4.4 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases shall not be subject to accident pay unless the employee has been employed with the employer Employer at the time of the incapacity for a minimum period of one monthmon th.
30.6.4 30.4.5 On engagement, an employee may be required re quired to declare all workers compensation and/or accident claims made under the Act in the previous five years and in the event of defaults or inaccurate information being deliberately and knowingly declared the employer Employer may require the employee to forfeit their entitlement to accident pay under this Agreement.
Appears in 1 contract
Qualifications for payment. 30.6.1 Subject Always subject to the terms of this clause, an employee covered by this Agreement shall, agreement shall upon receiving payment of weekly compensation and continuing to receive such payment for in respect of a weekly incapacity under within the Act, meaning of the respective Act be paid accident pay by their his/her employer who is or was at the time of the injury liable to pay compensation under the 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:
(a) 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 then, subject to clause 30.6.2 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.
(b) 41.3.1 Accident pay shall only be payable to an employee whilst that 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 respective Act. Provided that if an employee who is partially incapacitated on partial incapacity cannot obtain suitable employment from their his/her employer but such alternative employment is available with another employer then the relevant amount of accident pay shall still be payable.
(c) payable pursuant to the respective Act. Provided further that in the case of the termination by an the employer 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 where:
41.3.1 (a) the termination is due to serious and/or wilful misconduct on the part of the employee.; or
41.3.1 (db) 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 shall shall, if required required, provide evidence to the his/her employer of the continuing payment of weekly payments of compensationworkers' compensation payments.
30.6.2 Subject 41.3.2 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 41.3.3 of this clausesubclause and to the maximum period of payment prescribed elsewhere herein, accident pay shall apply only to the period of incapacity after the first three weeks.
41.3.3 Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
30.6.3 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, such injuries or diseases shall not be subject to accident pay unless the 41.3.4 An employee has been employed with the employer at the time of the incapacity for a minimum period of one month.
30.6.4 On engagement, an employee on engagement may be required to declare all workers workers' compensation and/or or accident pay claims made under the Act in the previous five years pursuant to the relevant Act, and in the event of defaults false or inaccurate information being deliberately and knowingly declared the employer may require the employee to forfeit their his/her entitlement to accident pay under this Agreementagreement.
Appears in 1 contract
Samples: Workplace Agreement
Qualifications for payment. 30.6.1 29.6.1 Subject to the terms of this clause, an employee covered by this Agreement shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the Act, be paid accident pay by their employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the employer, provided that:
(a) 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 then, subject to clause 30.6.2 29.6.2 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.
(b) Accident pay shall 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 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 shall still be payable.
(c) Provided further that in the case of the termination by an employer 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.
(d) In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly payments of compensation.
30.6.2 29.6.2 Subject to this clause, accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
30.6.3 29.6.3 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, 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.
30.6.4 On engagement, an employee may be required to declare all workers compensation and/or accident claims made under the 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.
Appears in 1 contract
Samples: Enterprise Agreement
Qualifications for payment. 30.6.1 59.4.1 Subject to the terms of this clause, an employee covered by this Agreement award shall, upon receiving payment of weekly compensation and continuing to receive such payment for incapacity under the Act, be paid accident pay by their employer who is liable to pay compensation under the Act, which liability may be discharged by another person on behalf of the employer, provided that:
(a) 59.4.2 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 and then, subject to clause 30.6.2 59.4.6 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.
(b) 59.4.3 Accident pay shall 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 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 shall still be payable.
(c) 59.4.4 Provided further that in the case of the termination by an employer 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.
(d) 59.4.5 In order to qualify for the continuance of accident pay on termination an employee shall if required provide evidence to the employer of the continuing payment of weekly payments of compensation.
30.6.2 59.4.6 Subject to this clause, 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 compensation for that disease shall receive accident pay from the first day of incapacity.
30.6.3 59.4.7 In relation to industrial diseases contracted by a gradual process or injury subject to recurrence, aggravation, or acceleration, 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.
30.6.4 59.4.8 On engagement, an employee may be required to declare all workers compensation and/or accident claims made under the 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 Agreementaward.
Appears in 1 contract