New South Wales Consolidated Regulations

WORKERS COMPENSATION REGULATION 2003 - REG 11

11 Sec 42 (1) (c), (5) (b): prescribed classes of workers etc-certain meat industry workers

(1) Workers engaged in the meat processing industry whose employment is subject to an industrial instrument that provides for the payment of “overs” or a production loading under a tally, piecework or incentive system in respect of work performed in that industry are prescribed as a class of workers for the purposes of section 42 (1) (c) and (5) (b) of the Act.

(2) In this clause:
"industrial instrument" means a State industrial instrument or an instrument of a similar nature under the law of another State, a Territory or the Commonwealth, and includes any agreement or other arrangement in force under such an instrument.

(3) For the purposes of section 42 (1) (c) of the Act, the formula prescribed for each worker of the class prescribed by subclause (1) is whichever of the following formulae is appropriate:

(a) except as provided by paragraphs (b), (c) and (d), the formula is:

(b) where the formula prescribed by paragraph (a) provides a greater rate for a particular week for the worker (being a worker whose employment is subject to an industrial instrument that provides for the payment of “overs” to the worker) than the rate of per week, the formula is per week for that week for that worker,

(c) where the formula prescribed by paragraph (a) provides a smaller rate for a particular week for the worker than the rate of per week, the formula is per week for that week for that worker,

(d) where the formula prescribed by whichever of paragraphs (a), (b) and (c) is appropriate provides a smaller rate for a particular week for the worker than any special rate (as referred to in subclause (4)) applicable to the worker for that week-the special rate applicable to the worker for that week.

(4) A reference in subclause (3) (d) to a "special rate" applicable to a worker for a particular week is a reference to a special weekly wage rate that is applicable to the worker under an industrial instrument for any period for which the worker is absent from work because of sickness or injury.

(5) In the application of the formulae prescribed by subclause (3) for the purpose of determining compensation payable in respect of a period of incapacity (consisting of a week or any part thereof) of a worker of the class prescribed by subclause (1):

"A1" equals:

(a) where that period consists of, or includes, Monday of that week and any other worker who is a co-worker of the injured worker worked on that Monday-the prescribed amount payable to that other worker for that Monday, or

(b) in any other case-0.

"A2" equals:

(a) where that period consists of, or includes, Tuesday of that week and any other worker who is a co-worker of the injured worker worked on that Tuesday-the prescribed amount payable to that other worker for that Tuesday, or

(b) in any other case-0.

"A3" equals:

(a) where that period consists of, or includes, Wednesday of that week and any other worker who is a co-worker of the injured worker worked on that Wednesday-the prescribed amount payable to that other worker for that Wednesday, or

(b) in any other case-0.

"A4" equals:

(a) where that period consists of, or includes, Thursday of that week and any other worker who is a co-worker of the injured worker worked on that Thursday-the prescribed amount payable to that other worker for that Thursday, or

(b) in any other case-0.

"A5" equals:

(a) where that period consists of, or includes, Friday of that week and any other worker who is a co-worker of the injured worker worked on that Friday-the prescribed amount payable to that other worker for that Friday, or

(b) in any other case-0.

"B" equals:

(a) the total number of days of that period on which other co-workers of the injured worker worked, or

(b) where there are no such days-0.

"C" equals the weekly rate applicable under any relevant industrial instrument to co-workers of the injured worker.
"weekly rate" (in relation to what "C" equals) is the amount of the rate fixed or set under an industrial instrument in respect of co-workers of the injured worker as the tally rate per 5 days, ordinary rate per 5 days, ordinary weekly rate or minimum weekly rate of pay.

(6) For the purposes of subclause (5), a worker is a "co-worker" of an injured worker if the worker is normally employed with the injured worker at a common place of employment and under the same classification as the injured worker.

(7) A reference in subclause (5) to the prescribed amount payable to a worker for a day on which the worker worked is a reference to the amount of money that the worker is entitled, under the industrial instrument by which the worker is bound, to be paid for that day’s work:

(a) exclusive of any amount that the worker is so entitled to be paid in respect of shift work or overtime or otherwise at penalty rates, and

(b) inclusive of any amount that the worker is so entitled to be paid in respect of “overs” or (subject to subclause (8)) in respect of production loading.

(8) For the purposes only of subclause (7) (b), an amount a worker is entitled to be paid in respect of production loading for a day’s work is taken not to include:

(a) in the case of a worker for whom production loading is calculated by reference to weekly production, any amount in excess of one-fifth of the production loading that would be payable to the worker in respect of the week in which that day occurs if the workers (in relation to whose “overs” that production loading is calculated) completed during that week a number of “overs” that provided each of those workers with pay for that week that is equivalent to the amount of money calculated in accordance with the formula , or

(b) in the case of a worker for whom production loading is calculated by reference to daily production, any amount in excess of the production loading that would be payable to the worker in respect of that day if the workers (in relation to whose “overs” that production loading is calculated) completed during that day a number of “overs” that provided each of those workers with pay for that day that is equivalent to the amount of money calculated in accordance with the formula ,

in each case with "C" having the value ascribed to it in subclause (5).