RMIT University Academic and Professional Staff Enterprise Agreement 2014

34. Accident make-up pay


The University will pay an employee (other than a casual) 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.


“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 Victorian Accident Compensation Act 1985 and the employee's base 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.


The University will pay or cause to be paid accident make-up pay during the incapacity of the employee within the meaning of the Victorian Accident Compensation Act 1985. Such payment will not be paid:

(a) in excess of a continuous period of 52 weeks of total or partial incapacity; or

(b) in excess of an aggregate period of 52 weeks of total or partial incapacity in respect of a particular injury or incapacity.


The liability of the University to pay make-up pay in accordance with this clause will arise as at the date of the injury in respect of which workers’ compensation is payable.


The University will not terminate the employment of any employee who is in receipt of accident make-up pay in accordance with clause 34.3 except where such termination is due to serious and willful misconduct on the part of the employee.


In the event that an employee receives a lump sum in redemption of weekly compensation payments under the Victorian Accident Compensation Act 1985, the liability of the University to pay make-up pay in relation to that injury will cease from the date of such redemption.


The employee will 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.


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 will 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.


An employee who is partially incapacitated and who cannot obtain suitable employment with the University but who has obtained suitable employment with another employer will continue to be paid make-up pay by the University on the basis prescribed in clause 34.2 and 34.3 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 employer.


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 43. Provided that no employee will be concurrently entitled to the payment of sick leave and make-up pay as prescribed in clauses 34.1 and 34.2.


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 34.1 on account of the same injury, the University will re-credit the sick leave taken pursuant to this sub clause.


For an injury incurred prior to the proclamation of the Victorian Accident Compensation Act 1985, reference to that Act will be deemed to be references to the Workers Compensation Act, 1958.

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