Australian Capital Territory v Comcare [2012] FCA 67

Australian Capital Territory v Comcare [2012] FCA 67

Mr Goodwin remained employed by the ACT while on approved paid long service leave: his employment was not suspended, remained extant and operational, and he continued to receive earnings. Section 8(10)(b) therefore did not apply and s 8(10)(a) did. Because the applicable terms and conditions of employment excluded overtime payments from salary during long service leave, his normal weekly earnings for the leave period exceeded the earnings he would have received if not incapacitated and had to be reduced by the overtime component.

Jurisdiction
Australia
Judgment Date
10 February 2012
Procedural Posture
Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal Concerning Workers' Compensation / Federal Court Judgment on Appeal; Corrigendum Issued 24 April 2012
Outcome
Appeal allowed; Tribunal decision set aside; Comcare decision set aside; matter remitted to Comcare; Comcare ordered to pay the ACT's and Mr Goodwin's costs of the application.
Legal Topics
['normal Weekly Earnings' 'weekly Compensation Payments' 'long Service Leave' 'overtime Payments' 'construction of Safety, Rehabilitation and Compensation Act 1988 (cth) S 8(10)' 'appeal From Administrative Appeals Tribunal']
["workers' Compensation" 'administrative Law' 'employment Law'] ['normal Weekly Earnings' 'weekly Compensation Payments' 'long Service Leave' 'overtime Payments' 'construction of Safety, Rehabilitation and Compensation Act 1988 (cth) S 8(10)' 'appeal From Administrative Appeals Tribunal']

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Procedural Posture

Appeal Under S 44 of the Administrative Appeals Tribunal Act 1975 (cth) From a Decision of the Administrative Appeals Tribunal Concerning Workers' Compensation / Federal Court Judgment on Appeal; Corrigendum Issued 24 April 2012

Legal Issues

  1. 1 ['Whether Mr Goodwin continued to be employed by the ACT for the purposes of s 8(10)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) while absent on long service leave.' "Whether Mr Goodwin's normal weekly earnings during long service leave should be reduced to exclude overtime payments." 'Whether the Tribunal erred by applying s 8(10)(b) rather than s 8(10)(a).']

Ratio Decidendi

Mr Goodwin remained employed by the ACT while on approved paid long service leave: his employment was not suspended, remained extant and operational, and he continued to receive earnings. Section 8(10)(b) therefore did not apply and s 8(10)(a) did. Because the applicable terms and conditions of employment excluded overtime payments from salary during long service leave, his normal weekly earnings for the leave period exceeded the earnings he would have received if not incapacitated and had to be reduced by the overtime component.

Court Disposition

Appeal allowed; Tribunal decision set aside; Comcare decision set aside; matter remitted to Comcare; Comcare ordered to pay the ACT's and Mr Goodwin's costs of the application.

Orders

  • ['The appeal be allowed.' "The decision of the Tribunal be set aside and the following decision substituted: (a) The decision of Comcare is set aside. (b) In substitution, it is decided that the compensation payable to the second respondent, Mr Goodwin, pursuant to s 19 of the Safety, Rehabilitation and Compensation...