Sch 1APre-injury average weekly earnings

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Schedule 1A—Pre-injury average weekly earnings Section 5A(5) | *Column 1* *Item* | *Column 2* *Class of worker at time of injury* | *Column 3* *Calculation of pre-injury average weekly earnings* | | 1 | Worker who is— (a) under the age of 21 years; or (b) an apprentice; or (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— 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. (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* *Item* | *Column 2* *Class of worker at time of injury* | *Column 3* *Calculation of pre-injury average weekly earnings* | | | | the worker were being paid at the highest rate applicable to that age or stage. (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* *Item* | *Column 2* *Class of worker at time of injury* | *Column 3* *Calculation of pre-injury average weekly earnings* | | 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 | | *Column 1* *Item* | *Column 2* *Class of worker at time of injury* | *Column 3* *Calculation of pre-injury average weekly earnings* | | | | for all employers multiplied by— (a) the prescribed number of hours per week; or (b) the total of the worker's ordinary hours per week— whichever is the lesser. | | 9 | Worker who, during the period of 52 weeks immediately before the injury, receives advice in writing from the employer that the worker is to be promoted or otherwise appointed to a new position (otherwise than on a temporary basis) with the effect that the worker's ordinary earnings will be increased but has not been so promoted or appointed. | The worker's pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I with reference to the amount that is the average of the earnings expressed as a weekly sum that the worker could reasonably be expected to have earned after the promotion or appointment had taken effect as if the promotion or appointment had taken effect 52 weeks before the injury. | | 10 | Full time student at a post-secondary education institution within the meaning of the **Education and Training Reform Act 2006**. | (a) Until the worker, but for the injury, would have completed the course as a full time student, pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I. | | *Column 1* *Item* | *Column 2* *Class of worker at time of injury* | *Column 3* *Calculation of pre-injury average weekly earnings* | | | | (b) As from the time the worker, but for the injury, would have completed the course in which the worker was a full time student, pre-injury average weekly earnings are twice the State average weekly earnings. | | 11 | Full time student at primary or secondary school. | (a) Until the worker, but for the injury, would have completed secondary school, pre-injury average weekly earnings are to be calculated in accordance with Division 2 of Part I. (b) As from the time the worker, but for the injury, would have completed secondary school, pre-injury average weekly earnings are $1210. | | 12 | Worker (not being a worker to whom another item of this Schedule applies) who is a student at a school within the meaning of Part 5.4 of the **Education and Training Reform Act 2006** and is employed under a work experience arrangement or a structured workplace learning arrangement under that Part. | The worker's pre-injury average weekly earnings is the amount deemed by operation of section 5.4.9(6) of the **Education and Training Reform Act 2006**. | | *Column 1* *Item* | *Column 2* *Class of worker at time of injury* | *Column 3* *Calculation of pre-injury average weekly earnings* | | 13 | Worker (not being a worker to whom another item of this Schedule applies) who is a post-secondary student within the meaning of Part 5.4 of the **Education and Training Reform Act 2006** and is employed under a practical placement agreement under that Part. | The worker's pre-injury average weekly earnings is the amount deemed by operation of section 5.4.16(5) of the **Education and Training Reform Act 2006**. | Sch. 1 amended by Nos 57/1989 s. 3(Sch. item 3.5(a)–(c)), 67/1992 s. 64(7)(d) (i)(ii), s. 61, new Sch. 1 inserted by No. 82/2001 s. 7.