Lieschke and Telstra Corporation Ltd (Compensation)

This matter concerned an application by Mr Lieschke (the applicant) for review of a decision made by the Tribunal concerning his normal weekly earnings (NWE) for the purposes of the *Safety, Rehabilitation and Compensation Act 1988* (Cth) (SRC Act). Telstra Corporation Ltd was the respondent. The dispute arose from a previous determination of NWE amounts which the applicant sought to have reviewed.

The primary legal issue before the court was whether the Tribunal's reviewable decision had correctly determined the applicant's normal weekly earnings as at specific dates, and whether it had exceeded the scope of a direction to remit. The applicant claimed entitlement to increases in NWE amounts based on salary increases, while the respondent provided a table of fixed remuneration.

The court accepted the respondent's submissions, finding that the applicant was entitled to increases in his NWE amounts by reference to increases in salary as set out in the respondent’s table of fixed remuneration, less superannuation. The court determined that the Tribunal's previous decision had gone beyond the direction to remit and had included a calculation of a purported overpayment, which was not within the scope of the application for review limited to the determination of NWE.

Consequently, the court set aside the Tribunal's decision dated 7 October 2016 and substituted its own findings. The applicant's normal weekly earnings amount as at 15 October 2009 was determined to be $1,239.11, and as adjusted from time to time, his normal weekly earnings as at 23 December 2015 was determined to be $1,407.87.