Victorian Current Acts

ACCIDENT COMPENSATION ACT 1985 - SECT 5AC

    (1)     In relation to pre-injury average weekly earnings and current weekly earnings, a reference to a base rate of pay is a reference to the rate of pay payable to a worker for his or her ordinary hours of work but does not include—

        (a)     incentive based payments or bonuses;

        (b)     loadings;

        (c)     monetary allowances;

        (d)     piece rates or commissions;

        (e)     overtime or shift allowances;

        (f)     any separately identifiable amount not referred to in paragraphs (a) to (e).

    (2)     In relation to pre-injury average weekly earnings and current weekly earnings, if, at the time of the injury—

        (a)     a worker's base rate of pay is prescribed by an industrial award that applies to the worker; and

        (b)     the worker's actual rate of pay for ordinary hours is higher than that rate of pay—

the worker's actual rate of pay is to be taken to be the worker's base rate of pay.

S. 5AD inserted by No. 80/2010 s. 21.