Queensland Consolidated Regulations

WORKERS' COMPENSATION AND REHABILITATION REGULATION 2014 - REG 99

99 NWE if impracticable to calculate rate of worker’s remuneration

(1) This section applies if it is impracticable, at the date of injury to a worker, to calculate the rate of the worker’s remuneration because of—

(a) the period of time for which the worker has been employed; or

(b) the terms of the worker’s employment.

(2) In calculating the rate of the worker’s remuneration, regard must be had to—

(a) the NWE during the 12 months immediately before the date of injury of a person employed by the same employer who—

(i) is employed under the same or a comparable relevant industrial agreement or the same or comparable terms and conditions as the worker; and

(ii) performs the same or comparable work as the worker; or

(b) if paragraph (a) does not apply—the NWE during the 12 months immediately before the date of injury of a person employed by another employer who—

(i) is employed under the same or comparable relevant industrial agreement or the same or comparable terms and conditions as the worker; or

(ii) receives the same or comparable remuneration as the worker and performs the same or comparable work as the worker.