|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156 - 4 yearly review of modern awards
4 yearly review of modern awards –transitional provisions
TEXTILE,CLOTHING,FOOTWEAR AND ASSOCIATED INDUSTRIES 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 renumbering clauses 24.2 to 24.9 as 24.3 to 24.10.
2. By inserting a new clause 24.2 as follows:
24.2 Accident pay
For the purpose of this clause,the following definitions will apply.
(i) Accident pay means a weekly payment made to an employee by the employer that is the difference between:
(A) the weekly amount of compensation paid to an employee pursuant to the applicable workers’compensation legislation:and
(B) the total weekly award rate applicable to the classification of the employee under this award (not including over award payments,shift loadings,overtime,incentive earnings under any system of payment by results,penalty rates and any other ancillary payments payable by the employer).
(ii) Injury will be given the same meaning and application as applying under the applicable workers’compensation legislation covering the employee.
(b) Entitlement to accident pay
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 of 26 weeks.
(c) Calculation of the period
(i) The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury,such absences are to be cumulative in the assessment of the 26 week period.
(ii) In the case of the termination by the employer of an employee who is receiving accident pay,accident pay shall continue to apply subject to the provisions of this clause except where the termination is due to serious and/or wilful misconduct on behalf of the employee.
(iii) For a period of less than one week,accident pay (as defined) will be calculated on a pro rata basis.
(d) 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.
(e) 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 will be reduced by any amounts paid for the performance of such work.
An employer shall pay superannuation contributions (clause 44 –Superannuation of this award) to an employee receiving accident pay in accordance with this clause.
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.
(h) Casual employees
For a casual employee the weekly payment referred to in clause 24.2.1(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,shift loadings,overtime,incentive earnings under any system of payment by results,penalty rates and any other ancillary payments payable by the employer.
All other provisions of the applicable workers’compensation legislation will apply.
B. This determination comes into operation on and from 15 October 2015.
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