Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) This section applies when normal weekly earnings are to be calculated for a worker who is entitled to compensation under this Act.
(2) Subject to this section, the worker's normal weekly earnings immediately before the first compensation date are the gross remuneration paid to the worker by:
(a) the employer liable to compensate the worker; and
(b) any other employer for whom the worker ordinarily works.
(3) The following are included in the calculation of the worker's normal weekly earnings:
(a) if the worker works overtime in accordance with a regular and established pattern – the amount of the wages attributable to that overtime;
(b) any over-award payment received by the worker;
(c) any climate allowance, district allowance, leading hand allowance, qualification allowance, shift allowance (if the worker works shiftwork in accordance with a regular and established pattern) or service grant received by the worker;
(d) unless the worker is a fly-in fly-out worker or drive-in drive-out worker – the value (not exceeding, in the aggregate, 35% of average weekly earnings) of any electricity, meals or accommodation provided to the worker by an employer in a form other than an amount of money paid or credited to the worker.
(4) The following are not included in the calculation of the worker's normal weekly earnings:
(a) a superannuation contribution made by the worker's employer;
(b) the amount of wages attributable to overtime other than as mentioned in subsection (3)(a);
(c) an allowance or grant not mentioned in subsection (3)(c);
(d) an amount for electricity, meals or accommodation other than as mentioned in subsection (3)(d);
(e) any other remuneration paid by an employer to the worker in a form other than an amount of money paid or credited to the worker.
(5) The following applies for the calculation of the worker's normal weekly earnings:
(a) if, immediately before the first compensation date, the remuneration paid to a worker by a particular employer did not vary from week to week – the portion of the normal weekly earnings provided by that employer must be calculated as being equal to the amount of the weekly remuneration;
(b) if, immediately before the first compensation date, the remuneration paid to the worker by a particular employer varied from week to week – the portion of the normal weekly earnings provided by that employer must be calculated as equal to the relevant average remuneration from that employer;
(c) the normal weekly earnings in respect of the worker's employment with the employer liable to compensate the worker must be calculated under this paragraph instead of under paragraph (a) or (b) and are equal to the all-employer average remuneration if:
(i) the worker had been in employment with that employer for less than 4 weeks immediately before the first compensation date; and
(ii) it is impracticable to calculate the normal weekly earnings of the worker, having regard both to the worker's period of employment with the employer and the period during which the worker likely would have continued to work for the employer had the injury not occurred;
(d) if it is relevant whether a regular and established pattern of overtime or shiftwork was worked for a particular employer immediately before the first compensation date:
(i) if the worker was in employment with the employer for at least 6 months before the first compensation date – regard must be had to the overtime or shiftwork that the worker worked for that employer during the 6 months immediately before the first compensation date; or
(ii) otherwise – regard must be had to the following:
(A) the overtime or shiftwork that the worker worked for that employer; and
(B) whether, in the normal course of that employment, the worker would likely have worked overtime or shiftwork had the injury not occurred;
(e) if there is doubt about the method to be used for the calculation of the worker's normal weekly earnings – the method of calculation that results in the greatest amount being calculated as the worker's normal weekly earnings must be used.
(6) For subsection (2)(b), a worker ordinarily works for an employer immediately before the first compensation date if:
(a) the worker was in employment with the employer on the first compensation date; and
(b) the worker had been in employment with the employer for at least 6 weeks immediately before the first compensation date.
(7) In this section:
"all-employer average remuneration", in relation to remuneration paid to a worker immediately before the first compensation date, means the average of the worker's total remuneration from all employers for all weeks of paid employment during the period of 12 months that ends immediately before the first compensation date.
"relevant average remuneration", in relation to remuneration paid to a worker by an employer immediately before the first compensation date, means the average of the worker's total remuneration from the employer for all weeks of paid employment during the period of 12 months that ends immediately before the first compensation date.