32.3.6 Fluctuating earnings

Where a client's earnings vary from week to week, the Delegate may determine a notional able to earn amount by establishing the type of employment and the hours per week that constitutes suitable employment for that client. Then, by applying the appropriate industrial award rate of pay, a notional able to earn amount may be determined. The reason for a client's reduced work hours must be as a result of the injury rather than the availability of work.

It is suggested that a period of at least 3 months be reviewed to derive an average upon which the notional able to earn amount is to be based. Where the Delegate is dealing with an entitlement to arrears of compensation, it is appropriate for an average to be drawn from the whole of the period of the arrears.