155Definition applying to pre-injury average weekly earnings—*ordinary earnings*

155 Definition applying to pre-injury average weekly earnings—*ordinary earnings* (1) Subject to this section, in relation to pre-injury average weekly earnings, the ***ordinary earnings*** of a worker in relation to a week during the relevant period are— (a) if the worker's base rate of pay is calculated on the basis of ordinary hours worked, the sum of— (i) the worker's earnings calculated at that rate for ordinary hours in that week during which the worker worked or was on paid leave at the base rate of pay; and (ii) if the worker receives a piece rate payment or a commission or both a piece rate payment and a commission, the amount of piece rate payments and commissions the worker receives in respect of that week; or (b) if paragraph (a) does not apply, the actual earnings (other than an amount of a kind referred to in section 156(1)(a), (b), (c), (e) or (f)) paid or payable to the worker in respect of that week— and include— (c) any other amount (other than an amount of a kind referred to in section 156(1)(a), (b), (c), (e) or (f)) for the performance of work by the worker, that, under the worker's terms of employment, the employer is required to apply or deal with on behalf of the worker in accordance with the worker's instructions, in respect of that week; and (d) the monetary value of— (i) residential accommodation; and (ii) use of a motor vehicle; and (iii) health insurance; and (iv) education fees— provided in respect of that week to the worker by the employer for the performance of work by the worker (***non-pecuniary benefit***)*.* (2) For the purposes of subsection (1)(d), the monetary value of a non-pecuniary benefit is— (a) the value that would be the value as a fringe benefit for the purposes of the Fringe Benefits Tax Assessment Act 1986 of the Commonwealth, calculated in accordance with clause 21 of Schedule 1 to this Act, divided by 52; or (b) in the case of residential accommodation that is not a fringe benefit or is otherwise not subject to fringe benefits tax, the amount that would reasonably be payable for that accommodation, or equivalent accommodation in the same area, in respect of that week if it were let on commercial terms. (3) A reference to ordinary earnings does not include, and is deemed never to have included, a reference to any employer superannuation contribution.