DETERMINATION

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

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

BLACK COAL MINING INDUSTRY AWARD 2010
[MA000001]

4 yearly review of modern awards – Black Coal Mining Industry Award 2010 – Accident pay – Transitional provisions – Reduction of accident pay benefits under the Award – Award to be varied so that the period of accident pay is 52 weeks.

A. Further to the Full Bench decision issued by the Fair Work Commission on 26 September 2018 [[2018] FWCFB 5996] the above award is varied as follows:

1. By deleting clause 18.1 and inserting the following:

18.1 Payment to be made during incapacity

An employer must pay, or cause to be paid, accident pay during the incapacity of an employee, within the meaning of the applicable workers compensation legislation:

(a) until such incapacity ceases; or

(b) until a period of:

(i) 78 weeks has expired from the date of the injury for injuries that occurred before 1 November 2018; or

(ii) 52 weeks has expired from the date of the injury for injuries that occurred after 1 November 2018;

whichever event occurs first, even if the employer terminates the employee’s employment within the period.

2. By deleting clause 18.2 and inserting the following:

18.2 Meaning of accident pay

For the purposes of clause 18, accident pay means:

(a) Initial 39 week period – regardless of when injury occurred

For the initial period of 39 weeks from the date of injury, a weekly payment representing the difference between the weekly amount of compensation paid to the 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 (provided the latter amount is greater than the former amount).

(b) Subsequent period – injury occurred before 1 November 2018

For a further period of 39 weeks a weekly payment representing the difference between the weekly amount of compensation paid to the employee under the applicable workers compensation legislation and the rate prescribed from time to time for the classification of the incapacitated employee at the date of the injury (provided the latter amount is greater than the former amount).

(c) Subsequent period – injury occurred on or after 1 November 2018

For a further period of 13 weeks a weekly payment representing the difference between the weekly amount of compensation paid to the employee under the applicable workers compensation legislation and the rate prescribed from time to time for the classification of the incapacitated employee at the date of the injury (provided the latter amount is greater than the former amount)

3. By deleting clause 18.7 and inserting the following:

18.7 Calculation of the period of incapacity

(a) The period of incapacity for work starts on the first day of incapacity, which may be after the date of injury.

(b) Intermittent absences arising from the one injury are cumulative when assessing the period of incapacity.

B. This determination comes into operation from 1 November 2018. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 November 2018.

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