Other variations to the 2 or 12 week relevant period are possible.
In particular, section 9 (2) provides that if, during the relevant period, the minimum amount payable to an employee's Commonwealth employment was varied due to:
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the operation of a Commonwealth, State or Territory law; or
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the making, alteration or operation of an award, such as alterations to workplace agreements or national wage case decreases or increases;
any part of the period prior to the change should be disregarded.
Similarly, any period where the employee was on leave without pay, or any other type of leave which affected the amount of earnings he or she received, should be disregarded and the relevant period commenced after the leave ended.
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Example |
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An employee is injured on 10/10/1994. In deciding the relevant period, using the initial 2 week period it is discovered that a National Wage Case increase occurred from 4/10/1994. |
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By using section 9 (2), the period where a lesser amount of NWE would apply to the employee is disregarded, and the relevant period is the period following the pay variation. |