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Legislative Assembly for the ACT: 2001 Week 10 Hansard (28 August) . . Page.. 3480 ..
5I Working out average pre-incapacity weekly earnings for contractor
(SA WRC s 4)In working out average pre-incapacity weekly earnings for a worker who is a contractor, the worker's average pre-incapacity weekly earnings are to be worked out-
(a) as if the worker were an employee; and
(b) if there is an award or industrial agreement applying to the class and grade of work in which the worker was engaged-by reference to the award or industrial agreement.
5J Working out average pre-incapacity weekly hours for non-contractor
(1) In working out average pre-incapacity weekly hours for a worker who is not a contractor-(a) if the worker was, immediately before the injury, employed by 2 or more employers-the worker's work hours from all employment must be taken into account; and
(b) the actual weekly work hours of the worker over a period of up to 1 year before the injury may be taken into account.
(2) However, if it is not possible to work out fair average pre-incapacity weekly hours for the worker under subsection (1) because the worker has only been employed for a short time, because of the terms of the worker's employment or for some other reason, the worker's average pre-incapacity weekly hours may be worked out by reference to the average weekly hours being worked by-
(a) others in the same employment who perform similar work at the same grade as the worker; or
(b) if there is no-one mentioned in paragraph (a) in the same employment-others in the same class of employment as the worker, who perform similar work at the same grade as the worker.
5K Working out average pre-incapacity weekly hours for contractor
In working out average pre-incapacity weekly hours for a worker who is a contractor, the worker's average pre-incapacity weekly hours are to be worked out as if the worker were an employee.5L Overtime-hours and wages
(1) This section applies to a component of the worker's earnings or hours attributable to overtime.(2) The overtime is to be taken into account in working out average pre-incapacity weekly earnings or average pre-incapacity weekly hours only if-
(a) the worker worked overtime in accordance with a regular and established pattern; and
(b) the pattern was substantially uniform as to the number of hours of overtime worked; and
(c) the worker would have continued to work overtime in accordance with the established pattern if the worker had not been injured.
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