Safety Matters - Rail, Tram and Bus Union of NSW

Total incapacity
First 26 weeks of total incapacity
During the first 26 weeks of total incapacity (in general medically certified
as being unable to perform any duties at all) a worker is entitled to receive
their “current weekly wage rate” (cwwr).
A worker under an industrial award or registered industrial agreement/
consent award is paid the base amount shown in such an award not including
any amounts for overtime, allowances or penalties.
There is a cap on the cwwr of $1,535.90 as at 1 April 2007.
SECTION THREE
Safety Matters A Guide for Workplace OHS Representatives
• Sec. 42(3) of the Workers Compensation Act 1987 (WCA) states that where a
worker is not covered by an award but “there is such an award under which
the worker would be entitled to be remunerated if the worker performed
that work under a contract of service”, the worker shall be deemed to come
under that award.
• A worker who is not covered by an award or who is not captured by Sec.
42(3) above is paid 80% of their “average weekly earnings” (awe). This
figure becomes the worker’s cwwr. AWE are calculated by averaging out the
worker’s earnings for the previous 12 months, or, if this is not appropriate,
using other mechanisms such as “comparable worker” earnings.
The same principles generally apply to casuals although the legislation does
not make this clear. However if a casual works under an award which does not
show a rate other than a weekly one, the cwwr is 80% of awe.
• If a worker has 2 or more jobs a formula is applied to reduce the number of
hours for which compensation is payable to 40.
Note: a worker with 2 or more jobs cannot be penalised by this 40 hour
provision if the cwwr resulting is less than than that which would’ve applied
if the worker’s cwwr had been solely based on wages earned at the employer
with whom the injury occurred.
Workers are entitled to receive 26 weeks at the cwwr for total incapacity even
if this is made up of separate periods ranging over a period longer than 26
calendar weeks from the date of injury and even if periods of partial incapacity
intervene.
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A Summary of Workers Compensation in NSW
18
RAIL
TRAM AND BUS
U N
I O N