Fair Work Act 2009
s.156 - 4 yearly review of modern awards

4 yearly review of modern awards –transitional provisions
(AM2014/190)

BUILDING AND CONSTRUCTION GENERAL ON-SITE AWARD 2010
[MA000020]

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 in clause 3.1 the following new definitions:

Accident pay means a weekly payment made to an employee by the employer that is the difference between the amount of workers’compensation received by the employee and their ordinary time hourly rate for 38 hours work,and any RDO accrued entitlements prescribed by clause 33 –Ordinary hours of work or clause 34 –Shiftwork. Where the incapacity caused by the injury which leads to workers’compensation becoming payable is for a period less than one week,the payment is the difference between the amount of compensation and the ordinary time hourly rate for that period. The ordinary time hourly rate does not include over award payments,shift loadings or overtime.

Injury,for the purposes of clause 27 –Accident pay,has the same meaning as that contained in the applicable workers’compensation legislation covering the employer in respect of a claim made by the employee.

2. By inserting a new clause 27 as follows:

27. Accident pay

27.1 This clause commences on 15 October 2015.

27.2 The employer must pay an employee accident pay.

27.3 Subject to the relevant workers’compensation claim being accepted,accident pay is payable from the time of the injury for which workers’compensation is paid for a total of 26 weeks in respect to the employee’s incapacity from that injury,regardless of whether the incapacity is in one continuous period or not.

27.4 The termination of the employee’s employment for any reason whilst the employee is receiving accident pay will not affect the liability of the employer to pay accident pay in accordance with clause 27.3.

27.5 Where 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 of receipt of the lump sum by the employee.

27.6 If an employer has a scheme for the payment of accident pay that contains provisions generally not less favourable to employees than the provisions of this clause,the employer may apply to the Fair Work Commission for that scheme to apply instead of this clause.

27.7 For a casual employee the weekly payment as defined in clause 3.1 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 and overtime.

27.8 If an employee entitled to accident pay under this clause returns to work on reduced hours or modified duties,the amount of accident pay due will be reduced by any amounts paid for the performance of such work.

27.9 For the avoidance of doubt,an employee will not be entitled to any payment under this clause in respect of any period of workers’compensation where the statutory payment for the period exceeds the amount the employee would have received for working ordinary time hours for the same period.

B. This determination comes into operation on and from 15 October 2015.

 1  [2015] FWCFB 3523

Printed by authority of the Commonwealth Government Printer

<Price code A>