3.1.4 Categories of workers

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3.1.4.1 More than one employer | 3.1.4.2 Contractors, capital & materials | 3.1.4.3 Owner drivers | 3.1.4.4 Entitlements for self-employed persons | 3.1.4.5 Students | 3.1.4.6 Seasonal or itinerant workers | 3.1.4.7 Workers who receive piece rates | 3.1.4.8 Deemed full-time worker | 3.1.4.9 Miscellaneous employees | 3.1.4.10 Share farmers

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Agents must take into consideration the information contained in this section to calculate PIAWE for any of the following categories of workers.

3.1.4.1 More than one employer

If a worker is employed by two or more employers at the time of injury, the worker’s capacity for all employers at the time of the injury must be taken into consideration before determining the applicable Item in Schedule 2.

More than one employer but not incapacitated for work with all employers

If the worker works for more than one employer and sustains an injury that results in an incapacity for work with one or more of those employers but not for all employers, the worker’s pre-injury average weekly earnings PIAWE are to be calculated using earnings from work with all employers.

More than one employer & incapacitated for work with all employers (Schedule 2, Items 2 to 6)

Normal hours

If the worker has more than one job and works for one employer for:

• at least the normal hours fixed in the industrial award or
• 38 hours per week if there is no applicable industrial award

the PIAWE calculation is based on that job.

For example If the worker works for 38 hours with one employer and 15 hours with another, use the 38 hour job to calculate PIAWE. 38 hours is the prescribed number of hours each week under regulation 9 of the Regulations if no industrial award is applicable.

Normal hours spread over multiple employers

If a worker works for multiple employers, and the total hours worked is equivalent to a full-time worker, PIAWE is calculated by using the job with the higher base rate of pay.

For example If the worker works for 20 hours at $20 per hour in one job and 18 hours at $18 per hour in the other job, the higher hourly rate should be applied to the total hours. $20 x 38 = $760.

Less than full time hours

If the worker works for less than 38 hours over both employers, an average of the ordinary rate of pay from all jobs must be multiplied by the total number of hours per week.

For example The worker works 10 hours per week at one employer earning $15 per hour and 20 hours per week at another employer earning $18 per hour. The average of $15 and $18 per hour is $16.50, and multiple by total hours worked of 30 hours. $16.50 x 30 = $495.

 

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Higher base rate of pay

Calculate PIAWE from the job with the higher base rate of pay if the worker has more than one employer and works:

• the normal hours fixed by the award or
• 38 hours per week if no applicable industrial award.

More than one employer - less than normal hours

There is a separate calculation if the worker has more than one employer and works less than:

• the hours fixed in an industrial award or
• 38 hours per week.

To calculate the PIAWE:

• average the ordinary rates of pay from all jobs
• multiply that average by the lowest number of hours of, either:
• the normal hours per week or
• 38 hours per week.

Relevant period for a worker with more than one employer

If the worker has worked with multiple employers during the relevant period however has not worked at all employers for the whole 52 week period, and items 2 to 7 in Schedule 2 do not apply, the period of concurrent employment would be utilised for the assessment of PIAWE.

For example Worker Y has worked at pre-injury employer AB for 52 weeks and at second employer CD for 20 weeks. The relevant period for Worker Y would be the 20 week period prior to injury, during which they were employed by both employers AB and CD.

Calculate employer threshold period if more than one employer is involved

Employers are liable to pay the first 10 days of weekly payments as part of their excess (unless the employer has taken a buy-out option or the worker is entitled to provisional payments). Where more than one employer is involved, the liable employer pays a proportion of the first 10 days based on the number of hours worked per week with the liable employer divided by the total hours worked by the worker for all employers.

See: Timeframes to forward claims | Claims with multiple employers

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