13Normal weekly earnings

13 Normal weekly earnings

(1) For the purposes of this Act, if an employee who is a seafarer suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount payable weekly to the employee by way of salary under the contract of employment that applied to his or her employment immediately before the injury happened. (2) For the purposes of this Act, if an employee who is a trainee suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount that would have been payable weekly to the employee by way of salary under the industrial instrument or National Employment Standards that, apart from the injury, would have applied to his or her employment immediately after the completion of the training course. (3) For the purposes of this Act, if an employee who is attending a Seafarers Engagement Centre suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount specified in an industrial instrument for the purposes of this subsection. (4) For the purposes of this Act, if an employee (other than an employee to whom subsection (1), (2) or (3) applies) suffers an injury, the employee’s normal weekly earnings are an amount equal to the amount that was payable weekly to the employee by way of salary under the contract of employment that applied to his or her employment immediately before the injury happened. (5) If the amount per week payable to an employee in respect of his or her employment before the injury is increased, or would have been increased, because of the operation of an industrial instrument, the National Employment Standards or a contract of employment if the employee had continued in that employment, because the employee: (a) reaches a particular age; or (b) completes a particular period of service; or (c) receives an increase in salary, by way of an increment in a range of salary that applies to the employee; the normal weekly earnings of the employee before the injury, as worked out under the preceding subsections, must be increased by the same percentage as that by which that amount per week is increased or would have been increased, as the case may be. (6) If the amount per week payable to employees in a class to which the employee belonged when the injury happened is later increased or reduced as a result of: (a) the operation of a law of the Commonwealth, or of a State or Territory; or (b) the making, alteration or operation of an industrial instrument or the National Employment Standards, or the doing of any other act or thing under such a law; the normal weekly earnings of the employee before the injury, as worked out under the preceding subsections, must be increased or reduced by the same percentage as that by which that amount per week was so increased or reduced, as the case may be.