188.8.131.52 More than one employer | 184.108.40.206 Contractors, capital & materials | 220.127.116.11 Owner drivers | 18.104.22.168 Entitlements for self-employed persons | 22.214.171.124 Students | 126.96.36.199 Seasonal or itinerant workers | 188.8.131.52 Workers who receive piece rates | 184.108.40.206 Deemed full-time worker | 220.127.116.11 Miscellaneous employees | 18.104.22.168 Share farmers
Agents must take into consideration the information contained in this section to calculate PIAWE for any of the following categories of workers.
If a worker is employed by two or more employers at the time of injury, three factors affect determination of PIAWE.
More than one employer - 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.
More than one employer - 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.
More than one employer - 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.
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.
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.
Use the job with the higher base rate of pay if the worker:
- works the normal hours at more than one job, for example, if the worker has two jobs and works normal hours in both of them, use the job with the highest ordinary rate
- works with one employer for the normal hours and with another for at least 38 hours per week, for example, if the worker works the normal hours in one job and 38 hours in another, use the job with the highest ordinary rate
- works for more than one employer for at least 38 hours if there is no applicable industrial award, for example, if the worker works 38 hours in two jobs, use the job with the highest ordinary rate
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.
- worker was injured whilst employed with Employer A
- worker's hours are:
Employer A – 5 hours
Employer B – 30 hours
Employer C – 5 hours
- PIAWE is $500
The weekly payment amount for the first 13 weeks for a worker with no current work capacity Under the legislation, unless inconsistent with the context or subject-matter — current work capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to his or her pre-injury employment but is able to return to work in suitable employment, declared training program (CWC Current Work Capacity) and no weekly earnings (CWE Current Weekly Earnings) is 95% of $500 = $475
The amount of weekly payments to be paid by Employer A for the first 10 days is:
$475.00 - $59.38 = $415.62
The Agent pays $415.62 per week for the first two weeks (10 days) and then pays $475.00 per week up to 13 weeks assuming the worker continues to have NCWC No Current Work Capacity, in relation to a worker, means a present inability arising from an injury such that the worker is not able to return to work, either in the worker's pre-injury employment or in suitable employment.