“Make-up pay” success

Wednesday 31 January 2018
Catherine Sim

An injured bus driver was awarded his full “top-up” pay above his WorkCover payments in a recent case we contested in the Fair Work Commission.

‘Bill’ suffered a back injury at work and was entitled to part of his pay under WorkCover.  The scheme provides payments of 95% of the pre-injury wages for 13 weeks and then drops down to 80% of pre-injury wages.

Bill was covered by the Transport Workers award and also an Enterprise Agreement.  A dispute arose about including the overtime when calculating the pre-injury earnings.

The award excluded overtime in calculations but it was not excluded in the Enterprise Agreement.  

In its decision on 16 January 2018, the Fair Work Commission decided that the words in the Agreement had a clear meaning and the Enterprise Agreement superseded the original award.

This success means that Bill will not suffer any loss of income while he recovers from his injury.

If you have been injured at work, and would like to have your WorkCover payments reviewed, contact Adviceline Injury Lawyers on (03) 9321 9988.

Go Back