Common use of Employee Entitlements while on Worker’s Compensation Clause in Contracts

Employee Entitlements while on Worker’s Compensation. If an Employee is absent from work and is in receipt of worker’s compensation, the Employee’s contract of employment shall remain intact during the period of absence, the Employer shall continue to make contributions on behalf of the Employee to all the Employee Entitlement Funds as outlined in clauses 18 to 21 (inclusive) of this Agreement. The Employee shall also continue to accrue all appropriate leave entitlements for the entire period for which worker’s compensation is in receipt. 31.1 Ordinary hours of work will be eight (8) hours per day, Monday to Friday with the notional weekly hours based on a 36 hour week in accordance with clause 33. 31.2 Starting/Finishing times 31.3 Subject to clause 31.4, the Employer has the right to otherwise alter start and finish times within the spread of ordinary daily hours. Prior to altering start and finish times (other than in accordance with clause 31.4) the Employer will consult with the affected Employees and (a) provide not less than one week’s notice to affected Employees of the change to start and finish times; and (b) have regard to the intention of avoiding excessive overtime. 31.4 Without limiting the Employer’s rights expressed in clauses 31.2 and clause 31.3, where the Employer has identified that a set starting time creates problems with the efficient movement of the workforce to their workplaces, the Parties agree to consult jointly with affected Employees to establish an efficient start time regime. An early start at 5am may be introduced following consultation and agreement with the Employee and/or their representative, where traffic congestion causes delays reaching site by 7am. Where an Employee starts at 5am they will be paid at double ordinary time till 7am and a Meal Allowance. If after a 5am start the Employee returns to the yard and there is no further work for the day, an Employee may be asked to finish after 8 hours from 5am. This will be treated as a full day shift for the purpose of accruing RDO/s and Annual Leave. 31.5 Where a dispute arises over the Employer’s exercise of the right to alter start and finish times under this clause and it cannot be resolved at the workplace level, any Party may refer the dispute directly to the Disputes Panel for conciliation and/or resolution under clause 10 of this Agreement. All Parties will cooperate with the requests of the Disputes Panel including requests to provide substantiating information. For the avoidance of doubt, an Employee may appoint a representative in relation to such a dispute.