Eg Green & Sons Pty Ltd v Sabourne

[2009] WASCA 172

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Workers' Compensation
2. › Weekly earnings
3. › Calculation of Amount Aa
4. › Piecework system of remuneration
5. › Whether overtally payments included in weekly earnings
6. › Whether piecework earnings are bonus or incentive excluded from Amount Aa
7. › Workers' Compensation and Injury Management Act 1981 (WA), sch 1, cl 7, cl 11
1. Workers' Compensation
2. › Weekly earnings
3. › Pieceworkers
4. › Method of calculation
5. › Averaging actual weekly earnings at piecework rates
6. › Workers' Compensation and Injury Management Act 1981 (WA), sch 1, cl 11
1. Workers' Compensation
2. › Appeal
3. › Appeal from Commissioner to Court of Appeal
4. › Leave to appeal on question of law
5. › Workers' Compensation and Injury Management Act 1981 (WA), s 254

Quick Take

Where an industrial award provides for a piecework system of remuneration, 'overtally' payments form part of the worker's 'weekly earnings' for the purpose of calculating Amount Aa under cl 11 of sch 1 of the Workers' Compensation and Injury Management Act 1981 (WA). Such payments are not excluded as bonuses or incentives. Weekly earnings for pieceworkers are to be calculated by averaging actual weekly earnings at piecework rates over a representative period. The amendments to cl 11 since Ashfold v Metro Brick do not materially alter this position.