Accident Compensation Act 1985
Sch 1APre-injury average weekly earnings
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Schedule 1A—Pre-injury average weekly earnings
Section 5A(5)
| Column 1<br>Item | Column 2<br>Class of worker at time of injury | Column 3<br>Calculation of pre-injury average weekly earnings | | 1 | Worker who is—<br>(a) under the age of 21 years; or<br>(b) an apprentice; or<br>(c) working under a contract of employment under which the worker is required to undergo training, instruction or examination in order to become qualified to carry on an occupation—<br>and who, but for the injury, would have been entitled to increments in earnings at certain ages or stages during the course of employment to become qualified. | (a) Until the worker attains the age or stage or, but for the injury, would have attained the stage at which the highest rate is payable—the worker's pre-injury average weekly earnings are the earnings that the worker would have been entitled to receive in respect of a relevant week if the worker had not sustained the injury and had continued in the employment.<br>(b) On and after the worker attains the age or stage or, but for the injury, would have attained the age or stage at which the highest rate is payable—the worker's pre-injury average weekly earnings are to be calculated as if, at the time of the injury, |
| Column 1<br>Item | Column 2<br>Class of worker at time of injury | Column 3<br>Calculation of pre-injury average weekly earnings | | | | the worker were being paid at the highest rate applicable to that age or stage.<br>(c) If (a) or (b) applies but there is no rate applicable to a worker who has attained the age of 21 years, the worker's pre-injury average weekly earnings are twice the State average weekly earnings. | | 2 | Worker employed by 2 or more employers and who works for one of those employers for at least the ordinary hours fixed in any applicable industrial award. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work for the employer for whom the worker works for at least the ordinary hours fixed in the industrial award. | | 3 | Worker employed by 2 or more employers who works for one of those employers for at least the prescribed number of hours each week and to whom no industrial award is applicable. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work for the employer for whom the worker works for at least the prescribed number of hours. |
| Column 1<br>Item | Column 2<br>Class of worker at time of injury | <br> | | 4 | Worker employed by 2 or more employers for at least the ordinary hours fixed in any applicable industrial award. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. | | 5 | Worker employed by 2 or more employers who works for one of those employers for at least the ordinary hours fixed in an applicable industrial award and works for another of those employers for at least the prescribed number of hours each week. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. | | 6 | Worker employed by 2 or more employers for at least the prescribed number of hours each week and to whom no industrial award is applicable. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the work which yields the higher weekly ordinary earnings. | | 7 | Worker employed by 2 or more employers who sustains an injury that results in an incapacity to work for one or more of those employers but not for all those employers. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to earnings from work with all the employers. | | 8 | Worker employed by 2 or more employers in circumstances other than those described in the preceding provisions of this Schedule. | The worker's pre-injury average weekly earnings are the worker's average ordinary earnings expressed as an amount per hour for all work carried out by the worker |