sec.107NWE if impracticable to calculate worker’s earnings

sec.107 NWE if impracticable to calculate worker’s earnings

This section applies if it is impracticable to calculate the worker’s earnings in the 12 months immediately before the day the worker sustained the injury because of— the period for which the worker has been employed; or the terms of the worker’s employment. In calculating the worker’s NWE, regard must be had to— the NWE, in the 12 months immediately before the day the worker sustained the injury, of a person employed by the same employer who— is employed under the same or a comparable industrial agreement or the same or comparable terms and conditions as the worker; and performs the same or comparable work as the worker; or if paragraph (a) does not apply—the NWE, in the 12 months immediately before the day the worker sustained the injury, of a person employed by another employer who— is employed under the same or a comparable industrial agreement or the same or comparable terms and conditions as the worker; or performs the same or comparable work as the worker and receives the same or comparable earnings as the worker. (sec.107-ssec.1) This section applies if it is impracticable to calculate the worker’s earnings in the 12 months immediately before the day the worker sustained the injury because of— the period for which the worker has been employed; or the terms of the worker’s employment. (sec.107-ssec.2) In calculating the worker’s NWE, regard must be had to— the NWE, in the 12 months immediately before the day the worker sustained the injury, of a person employed by the same employer who— is employed under the same or a comparable industrial agreement or the same or comparable terms and conditions as the worker; and performs the same or comparable work as the worker; or if paragraph (a) does not apply—the NWE, in the 12 months immediately before the day the worker sustained the injury, of a person employed by another employer who— is employed under the same or a comparable industrial agreement or the same or comparable terms and conditions as the worker; or performs the same or comparable work as the worker and receives the same or comparable earnings as the worker.

• (a) the period for which the worker has been employed; or
• (b) the terms of the worker’s employment.
• (a) the NWE, in the 12 months immediately before the day the worker sustained the injury, of a person employed by the same employer who— (i) is employed under the same or a comparable industrial agreement or the same or comparable terms and conditions as the worker; and (ii) performs the same or comparable work as the worker; or
• (i) is employed under the same or a comparable industrial agreement or the same or comparable terms and conditions as the worker; and
• (ii) performs the same or comparable work as the worker; or
• (b) if paragraph (a) does not apply—the NWE, in the 12 months immediately before the day the worker sustained the injury, of a person employed by another employer who— (i) is employed under the same or a comparable industrial agreement or the same or comparable terms and conditions as the worker; or (ii) performs the same or comparable work as the worker and receives the same or comparable earnings as the worker.