Applies to: Operations and Security Staff
Approved by: Certified Agreement Provisions, 2000
Provisions for Redeployment, Retraining and Redundancy as set out in
the Swinburne University of Technology, Operations and Security Staff
Enterprise Bargaining Agreement 2000, are as follows (Numbering
matches that in the agreeement for easy reference):
29. ACCIDENT MAKE-UP PAY
29.1 The University shall pay an
employee accident make-up pay where the employee receives an injury
for which weekly payments of workers’ compensation are payable by or
on behalf of the University pursuant to the provisions of the
Victorian Accident Compensation Act 1985 (the Act).
29.2 'Accident Make-up Pay' means
a payment of an amount being the difference between the weekly amount
of compensation paid to the employee pursuant to the Act and the
employee's ordinary rate of pay, or where the incapacity is for a
lesser period than one week, the difference between the amount of
such compensation and the rate of pay for that period.
29.3 The University shall pay or
cause to be paid accident make-up pay during the incapacity of the
employee within the meaning of the Act. Such payment shall not
be paid to Electricians, Plumbers, Painters and Carpenters:
29.3.1 in excess of a continuous period of 52 weeks
of total or partial incapacity; or
29.3.2 in excess of an aggregate period of 52 weeks
of total or partial incapacity in respect of a particular injury or
incapacity.
29.4 The University shall pay or
cause to be paid accident make-up pay during the incapacity of the
employee within the meaning of the Act. Such payment shall not
be paid to Cleaners and Security:
29.4.1 in excess of a continuous period of 39 weeks
of total or partial incapacity; or
29.4.2 in excess of an aggregate period of 39 weeks
of total or partial incapacity in respect of a particular injury or
incapacity.
29.5 The liability of the
University to pay make-up pay in accordance with this clause shall
arise as at the date of the injury in respect of which workers’
compensation is payable.
29.6 The University shall not
terminate the employment of any employee who is in receipt of
accident make-up pay in accordance with sub clause 29.3 except where
such termination is due to serious and wilful misconduct on the part
of the employee.
29.7 In the event that an employee
receives a lump sum in redemption of weekly compensation payments
under the Act, the liability of the University to pay make-up pay in
relation to that injury shall cease from the date of such redemption.
The
employee shall repay any payments made in settlement of a claim for
civil damages in connection with the injury to the extent that the
judgement or settlement specifically compensates the injured employee
for make-up payments made under this clause.
29.8 Where an employee is off duty
as a result of an injury for which the University is liable for
make-up pay under this clause, the employee shall be entitled to
return to duty on alternate duties should a registered medical
practitioner so recommend, for the purposes of rehabilitation, and
provided that suitable work is available, without prejudice to other
employees.
29.9 An employee who is partly
incapacitated and who cannot obtain suitable employment with the
University but who has obtained suitable employment with another
University shall continue to be paid make-up pay by the University on
the basis prescribed in sub clause 29.2 and 29.3 provided that the
employee furnishes to the University evidence to the satisfaction of
the University of the rate of actual earnings the employee is
receiving from the other University.
29.10 An employee who is a claimant for
workers’ compensation pursuant to this clause, may upon application
be granted sick leave to cover such absence in accordance with clause
25.3 - Sick Leave. Provided that no employee shall be
concurrently entitled to the payment of sick leave and workers’
compensation as prescribed in sub clauses 29.1 and 29.2.
If
an employee is granted sick leave as provided by this sub-clause and
subsequently has a workers’ compensation claim accepted for the same
period or part thereof pursuant to sub clause 29.1 on account of the
same injury, the University shall re-credit the sick leave taken
pursuant to this sub clause.
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For an injury incurred prior to the proclamation of the Victorian
Accident Compensation Act 1985, reference to that Act shall be
deemed to be references to the Workers Compensation Act, 1958.
