Workers’ Compensation and Rehabilitation Act 2003

An amount payable, under an industrial instrument, to a worker is—

if an amount has been approved by the Regulator under section 107E—the amount applying immediately before the worker became incapacitated; or

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.

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.

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.