A recent case in front of the Full Bench has considered the question as to whether an employee is entitled to annual leave payments while receiving workers compensation payments.
The changes that were brought in with the Fair Work Act in 2009 were thought to have removed the entitlement to both annual leave payment and workers compensation payment. However, the Full Bench has ruled in a NSW case that as long as the legislation does not specifically preclude the taking of two entitlements simultaneously then the employee should be able to access both.
While this case was a NSW employment case, and workers compensation legislation is State-based, the implications flow on to other States. Previous readings of the Fair Work Act, specifically section 49, were thought to precluded the dual entitlement, this case means that the dual entitlement must be recognised unless the State legislation specifically prohibits it.
For more information on the case see: http://www.austlii.edu.au/au/cases/cth/FCAFC/2015/81.html
For more information on the workers compensation legislation in your State see the following links:
WA – http://www.workcover.wa.gov.au/resources/legislation-rules-amendments/
NT – http://www.worksafe.nt.gov.au/Legislation/workers-comp-legis/Pages/default.aspx
QLD – https://www.worksafe.qld.gov.au/laws-and-compliance/workers-compensation-laws
NSW – https://www.workcover.nsw.gov.au/law-and-policy/legislation-and-codes/workers-compensation-legislation
ACT – http://www.legislation.act.gov.au/a/1951-2/
VIC – http://www.vic.gov.au/employment-workplace/occupational-health-safety/workcover-workers-compensation.html
TAS – http://worksafe.tas.gov.au/laws/the_legislation/acts_and_regulations
SA – https://www.rtwsa.com/
ACAPMA Members are reminded that they can call the ACAPMA Employment Department for assistance is applying this change in their businesses. Call 1300 160 270 or email email@example.com