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Mutual Benefits Funding Full Terms and Conditions

Please note that in submitting an application for Mutual Benefits funding, you are agreeing with the terms and conditions below on behalf of your organisation (i.e. employer whose workers compensation insurance is administered by EML Group of Companies (EML)).
 

1. Approval of funding
Employers Mutual provides a limited amount of Mutual Benefits funding each year to support initiatives for EML Group customers. As such, funding is approved on a case by case basis. Please note that in these terms and conditions, a reference to ‘EML’ means a reference to the following EML Group of companies according to how your employer is insured:

  • For customers insured in icare’s workers compensation scheme – EML NSW Limited
  • For customers insured in RTWSA’s workers compensation scheme – EML SA Pty Ltd
  • For customers insured in WorkSafe Victoria’s workers compensation scheme – EML VIC Pty Ltd
  • For customers insured in The NSW icare Self Insurance Corporation workers compensation scheme (IfNSW)- EML
  • For customers insured as licensees under the Comcare scheme – EML

EML is a scheme agent for its respective scheme principals icare, RTWSA and Treasury Managed Fund and is bound by claims management agreements with each of its scheme principals. These terms and conditions and the Mutual Benefits program itself are subject at all times to the need for EML to comply with its claims management agreements and with directions issued, or requests made, by its scheme principals. As a result, Employers Mutual reserves the right to change these terms and conditions, the Mutual Benefits program, and/or to withdraw or amend funding at any time if required so as to comply with its obligations as a scheme agent.

Approval of funding is subject to a review process conducted by Employers Mutual. Funding for initiatives is not an entitlement for any of our EML Group customers and is made available wholly at the discretion of Employers Mutual. Each application is considered on its individual merit, and a range of factors are taken into account including:

  • Nature of the project that funding is to be utilised towards
  • Degree to which the project demonstrates measures to help prevent and reduce workplace injuries and/or promotes innovation in WHS, Injury Management, Workers Compensation, Health & Wellness or other workplace risk areas, and value over and above what would otherwise be achieved
  • Ability of project to meet objectives and potential benefits achieved
  • Procurement considerations
  • Amount of funding requested and any previous funding provided
  • Expected return on investment (in terms of injury reduction benefits and similar measures) and cost benefit analysis
  • Broker / intermediary membership
  • Customer risk profile and performance
  • Customer co-contribution arrangements and engagement strategies
  • Quid pro quo arrangements, where Mutual Benefits Funding provided is contingent upon improvement in member workers compensation performance.
  • Sustainability of the project
  • Ability for project learnings, outcomes and outputs to be shared with other members
  • Intellectual property that will be gained by EML, and can be utilised for the benefit of other customers
  • How customer value and benefits realisation will be captured and reported
  • Funding available in EML Mutual Benefits funding pool allocation
  • Other

Each applicant will be notified in writing as to whether their proposed funding application has or has not been approved by Employers Mutual within a reasonable timeframe.
 

2. Approval, payment conditions and arrangements:

You will be advised in writing by letter or email if your application for funding is approved. Employers Mutual will only make a payment for projects where prior written funding approval has been obtained. Payment will not be made for any items which are not clearly disclosed in the application for which funding has been granted. Please note that project approval may be subject to additional conditions or further mutual agreement addressing specific aspects of the project. If this is the case, this will be noted in the letter.

Employers Mutual will not make a direct payment to a provider. Only a reimbursement for payment can be sought from a EML Group customer who has applied for Mutual Benefits Funding. Employers Mutual may request the customer to provide evidence to demonstrate that the cost has been properly incurred and is consistent in all respects with the application for funding. For instance, if a customer requests funding for an internal staff member to manage a WHS initiative, they may be required to provide evidence of the work completed by the individual in managing the initiative. Amounts paid by Employers Mutual which are subsequently found to have been spent otherwise than as per the application and for the purpose of the approved initiative or project will be treated as recoverable upon demand (as a debt or otherwise) by Employers Mutual.

  • All tax invoices should detail Provider / supplier company name
  • Provider / supplier’s Australian Business Number (ABN)
  • An itemised description of the items sold, including the quantity (if applicable) and the price, including any GST applicable
  • Date the invoice was issued
  • EML Purchase Order Number
  • Bank details etc

Invoices / reimbursement requests should be addressed to: ‘Employers Mutual Limited’.

3. Change Requests

All changes that are made to projects or initiatives approved through the original Mutual Benefits funding application are required to submit a Change Request form identifying the change and the anticipated impacts.

Approval of the change request is subject to an approval process within Employers Mutual and will be considered on its individual merit. A range of factors will be considered including impacts on the following:

  • Scope
  • Budget
  • Resources
  • Timelines
  • Dependencies

Each applicant will be notified in writing as to whether their proposed change has or has not been approved by Employers Mutual within a reasonable timeframe.
 

4. Intellectual Property

Unless otherwise agreed, Employers Mutual retains all intellectual property rights to any intellectual property arising from projects or initiatives funded by Mutual Benefits. Please note that this is subject to various provisions in EML Group agency agreements with its scheme principals, whereby some intellectual property rights may vest in scheme principals (either in addition to or instead of the rights vesting in Employers Mutual).

Learnings and information obtained as a result of projects or initiatives funded by Mutual Benefits can be utilised by the EML Group for the purposes of marketing, knowledge sharing, and reducing costs for other member initiatives in the future.


5. Case Studies, testimonials and feedback

Access to funding is conditional on the EML Group customer agreeing to provide feedback, testimonials and case studies if and when required, with the intent being to share information and learnings to benefit other EML Group customers. Feedback, testimonials and case studies may also be used to support EML Group marketing and tender activities. Where this is required, the customer will be consulted to provide consent to use this information with details provided as to how this information is to be utilised.


6. Reporting requirements

For all projects where Mutual Benefits funding provided exceeds $50,000, Employers Mutual requires the Customer Project Manager to provide the EML Group Account Manager / Project Manager with updates and reporting on project progress, deliverables, results and benefits achieved, at least quarterly.

  • Project status updates - at least quarterly
  • Project completion report – within 3 months of project completion

Templates are available to guide and assist the EML Group Customer Project Manager to provide this information. These can be requested from the EML Group Account Manager / Project Manager.


7. Ongoing project risk assessment

Employers Mutual is entitled to conduct regular reviews of the project. Should the project be considered to be at significant risk of not achieving stated objectives, or exceeds tolerances for time, cost, quality, scope, benefits or otherwise appears not to be within expectation or there are significant risks to achieving desired outcomes, Employers Mutual will assess strategies proposed by the EML Group customer to address the relevant project risk, and may at its discretion (but acting reasonably) withdraw funding for the project. Should this occur, appropriate consultation and arrangements will be discussed with the EML Group Customer Project Owner.


8. No Liability of Employers Mutual (EML)

EML Group Customer organisations undertake projects or initiatives at their own risk. Employers Mutual hereby excludes to the fullest extent permitted by applicable law, all liability for any claim (whether in common law, equity, contract, tort (including negligence), breach of statutory obligation or duty, repudiation or otherwise) for injury, loss or damage arising from the undertaking of the programme or initiative funded wholly or partly from Mutual Benefits.