Workers’ Compensation and Rehabilitation Act 2003

This section applies if an industrial instrument, other than an award under an Industrial Act, provides for an amount to be payable as a weekly rate of wages (however described) to a worker if the worker becomes incapacitated.

An employer may, by written notice, ask the Regulator to approve the amount provided for in the industrial instrument for the purposes of section 107B.

The Regulator can approve the amount provided for in the industrial instrument only if the amount was contained in the industrial instrument as approved or certified under an Industrial Act.

In deciding whether or not to approve the amount, the Regulator must have regard to—

if the industrial instrument is a workplace agreement or if an employee organisation is not a party to the industrial instrument—the entitlements of a worker to weekly payment of compensation under section 150(1)(a)(i); or

in all other cases—whether the amount is consistent with the compensation entitlements of a worker under previous industrial instruments agreed to by the parties to the industrial instrument.

The Regulator must make a decision within 25 business days after it receives the request.

If the Regulator refuses to approve the amount, the employer may appeal under chapter 13.

In this section—

an Australian workplace agreement or preserved individual State agreement under the Workplace Relations Act 1996 (Cwlth) given continuing effect under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth), schedule 3, part 2; or

an individual division 2B state employment agreement under the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cwlth).