|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards –transitional provisions
AIRLINE OPERATIONS—GROUND STAFF AWARD 2010
DEPUTY PRESIDENT KOVACIC
MELBOURNE,15 OCTOBER 2015
4 yearly review of modern awards –transitional provisions –accident make-up pay.
A. Further to the Full Bench decision issued on 18 August 2015 1,the above award is varied as follows:
1. By inserting a new clause 23 as follows:
23. Accident pay
An employee classified under the Maintenance and engineering stream and the Clerical,administration and support stream,in receipt of weekly payments under the provisions of applicable workers’compensation legislation will be entitled to receive accident pay from the employer subject to the following conditions and limitations:
23.1 Payment to be made during incapacity
The employer must pay,or cause to be paid,accident pay during the incapacity of the employee,within the meaning of the applicable workers’compensation legislation:
(a) until such incapacity ceases;or
(b) until the expiration of a period of 26 weeks from the date of injury;
whichever event will first occur.
(a) Meaning of accident pay
Accident pay means payment made to an employee by the employer,that is the difference between the weekly amount of compensation paid to an employee under the applicable workers’compensation legislation and the weekly amount that would have been received by virtue of this award had the employee been on paid personal leave at the date of the injury (not including over award payments) provided the latter amount is greater than the former amount.
(b) Meaning of injury
Injury will be given the same meaning and application as applying under the applicable workers’compensation legislation covering the employer.
(i) The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’compensation legislation for a maximum period of 26 weeks.
(ii) The entitlement to accident pay ceases on termination of the employee’s employment,except where such termination:
(A) is by the employer other than for reason of the employee’s serious and/or wilful misconduct;or
(B) arises from a declaration of bankruptcy or liquidation of the employer,in which case the employee’s entitlement will be referred to the Fair Work Commission to determine.
23.3 Pro rata payments
For a period of less than one week,accident pay will be calculated on a pro rata basis.
23.4 When not entitled to payment
An employee will not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave,or for any paid public holiday.
In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’compensation legislation,the liability of the employer to pay accident pay will cease from the date the employee receives that payment.
23.6 Damages independent of the Acts
Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’compensation legislation,such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under this clause and the employee will not be entitled to any further accident pay thereafter.
23.7 Calculation of the period
The 26 week period commences from the date of injury. In the event of more than one absence from one injury,such absences are to be cumulative in the assessment of the 26 week period.
23.8 Return to work
If an employee entitled to accident pay under this clause returns to work on reduced hours or to perform modified duties,the amount of accident pay due will be reduced by any amounts paid for the performance of such work.
23.9 Casual employees
For a casual employee the weekly payment referred to in clause 23.2(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or,if the employee has been employed for less than 12 months by the employer,the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments.
B. This determination comes into operation on and from 15 October 2015.
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