Western Australian Numbered Acts Western Australian Numbered Acts (1) In this
section —
base award rate means the base weekly rate of pay,
excluding payments for overtime and any bonus or allowance, applying to a
worker —
(a)
under provisions of an industrial instrument that applied when the
worker’s injury occurred, or provisions of another industrial instrument
that substantially replace those provisions; or
(b)
under an agreement that specifies the worker’s rate of pay by reference
to an industrial instrument;
base award rate component , of a worker’s
earnings, means the component of the earnings that derives from the base award
rate, if any, applying to the worker;
industrial instrument means, according to the
employment in the context of which the term is used —
(a) an
award or order (including an enterprise order or General Order) made by The
Western Australian Industrial Relations Commission under the
Industrial Relations Act 1979 ; or
(b) an
industrial agreement, as defined in the Industrial Relations Act 1979
section 7(1); or
(c) a
fair work instrument, as defined in the Fair Work Act 2009
(Commonwealth) section 12; or
(d) an
award, order, agreement or other instrument that is of a class prescribed by
the regulations;
regular additional earnings , of a worker, means
any of the following —
(a) any
over award or service payment paid on a regular basis as part of the
worker’s earnings;
(b) any
allowance (including any payment for overtime) paid on a regular basis as part
of the worker’s earnings and related to the number or pattern of hours
worked by the worker;
(c) any
other allowance prescribed by the regulations.
(2) If the amount of
any payment of income compensation calculated under section 55 for any
period would represent a weekly rate of payment less than the minimum weekly
rate referred to in subsection (3), the amount of the payment is, unless
subsection (7) provides that no minimum weekly rate applies, to be
increased to the amount representing a payment at that minimum weekly rate.
(3) The minimum weekly
rate at which income compensation must be paid is the greater of the
following —
(a) the
minimum amount to which the worker would, if the worker had not been injured,
have been entitled under the Minimum Conditions of Employment Act 1993
to be paid in a week for working, on the basis on which the worker was working
when the injury occurred, in the employment in which the worker was working
when the injury occurred;
(b) the
sum of —
(i)
the base award rate component, if any, of the earnings to
which the worker would, if the worker had not been injured, have been entitled
to be paid in a week for working, on the basis on which the worker was working
when the injury occurred, in the employment in which the worker was working
when the injury occurred; and
(ii)
the regular additional earnings component, if any, of the
worker’s earnings included in the calculation of the worker’s
pre-injury weekly rate of income.
(4) For the purposes
of this section, in an agreement mentioned in paragraph (b) of the
definition of base award rate in subsection (1), the reference to an
industrial instrument is taken to include an industrial instrument containing
provisions that substantially replace the relevant provisions of the
industrial instrument.
(5) If an industrial
instrument mentioned in the definition of base award rate in
subsection (1) becomes redundant or obsolete without its relevant
provisions being replaced as mentioned in paragraph (a) of that
definition or in subsection (4), the base award rate for the purposes of
this section is the base weekly rate of pay referred to in that
definition applying before the industrial instrument becomes redundant or
obsolete as adjusted to reflect the timing and extent of any subsequent
percentage increase in minimum wages resulting from a national minimum wage
order made under the Fair Work Act 2009 (Commonwealth).
(6) If, on the day on
which the worker’s injury occurred, the worker concurrently held
2 or more positions as a worker, whether in the employment of the same or
different employers, subsection (3)(b) does not apply and the minimum
weekly rate for the worker is the minimum weekly rate under
subsection (3)(a).
(7) No minimum weekly
rate applies under this section if —
(a) the
only component of the worker’s pre-injury weekly rate of income is the
monetary value of the provision of board and lodging; or
(b) the
worker is a working director of a company; or
(c) the
worker is a jockey; or
(d) the
worker is a worker of a class prescribed by the regulations as excluded from
the application of the minimum weekly rate.