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WORKERS' COMPENSATION AND REHABILITATION ACT 2003 - SECT 107B
Meaning of amount payable under an industrial instrument
107B Meaning of amount payable under an industrial instrument
(1) An
"amount payable" , under an industrial instrument, to a worker is— (a) if an
amount has been approved by the Regulator under section 107E —the amount
applying immediately before the worker became incapacitated; or
(b) if
paragraph (a) does not apply—an amount equal to the weekly rate of wages
(however described) under the industrial instrument that the worker was
entitled to be paid in the worker’s usual employment immediately before the
worker became incapacitated.
(2) If the industrial instrument provides for a
change in the amount mentioned in subsection (1) (a) after the amount is
approved, or there is a change in the rate of wages under the industrial
instrument at any time after the worker became incapacitated, the
amount payable to the worker changes accordingly.
(3) If a worker is employed
in an industry that is seasonal in nature, the amount payable to the worker
must reflect the relevant season under the industrial instrument.
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