Scott v Sun Alliance Australia Ltd [1993] HCA 46

Scott v Sun Alliance Australia Ltd [1993] HCA 46

The ordinary time rate of pay in s. 69(1)(a)(ii) is an objective rate fixed by an industrial award or agreement, and the reference to a week is to the standard working week fixed by that award or agreement, not to the actual hours worked by the injured casual worker. Because the Tanning Industry Award 1987 fixed ordinary hours as an average of thirty-eight per week, the worker was entitled to weekly compensation calculated by reference to thirty-eight ordinary hours unless that amount was lower than his average weekly earnings over the preceding twelve months.

Jurisdiction
Australia
Procedural Posture
Workers Compensation Appeal / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Tasmania
Outcome
Appeal allowed with costs.
Legal Topics
['calculation of Weekly Compensation for Total Incapacity' 'construction of S. 69(1)(a)(ii) of the Workers Compensation Act 1988 Tas' 'ordinary Time Rate of Pay' 'casual Employment Under an Industrial Award']
['workers Compensation' 'statutory Interpretation' 'employment and Industrial Law'] ['calculation of Weekly Compensation for Total Incapacity' 'construction of S. 69(1)(a)(ii) of the Workers Compensation Act 1988 Tas' 'ordinary Time Rate of Pay' 'casual Employment Under an Industrial Award']

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Procedural Posture

Workers Compensation Appeal / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Tasmania

Legal Issues

  1. 1 ['Whether the words "the ordinary time rate of pay of the worker (as expressed by reference to a week)" in s. 69(1)(a)(ii) of the Workers Compensation Act 1988 Tas require compensation to be calculated by reference to the actual hours ordinarily worked by the worker or by another criterion.' 'Whether, for a casual worker employed for two eight-hour shifts each week under the Tanning Industry Award 1987, compensation should be calculated by reference to a sixteen hour week or the thirty-eight ordinary hours of work fixed by the award.']

Ratio Decidendi

The ordinary time rate of pay in s. 69(1)(a)(ii) is an objective rate fixed by an industrial award or agreement, and the reference to a week is to the standard working week fixed by that award or agreement, not to the actual hours worked by the injured casual worker. Because the Tanning Industry Award 1987 fixed ordinary hours as an average of thirty-eight per week, the worker was entitled to weekly compensation calculated by reference to thirty-eight ordinary hours unless that amount was lower than his average weekly earnings over the preceding twelve months.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Set aside the order of the Full Court of the Supreme Court of Tasmania.' 'In lieu thereof order that the appeal to the Full Court of the Supreme Court of Tasmania be dismissed with costs.']