Organ and Comcare (Compensation)

This matter concerned an appeal to the Administrative Appeals Tribunal regarding the calculation of the applicant's Normal Weekly Earnings (NWE) following an injury. The applicant contended that his transfer from a shift-based position in the Air Cargo/Self Assessed Clearance (SAC) operational area to a non-shift position in the Compliance Assessment and Management Services (CAMS) operational area on 30 September 2014 was due to his compensable condition. Comcare, however, argued that the transfer was a consequence of the employer's Central East Region Mobility Policy (CERMP).

The Tribunal was required to determine two primary issues: firstly, whether the applicant's move to the CAMS operational area was precipitated by his compensable condition, and secondly, whether his NWE should have been reduced from 30 September 2014 in accordance with section 8(10)(a) of the Safety, Rehabilitation and Compensation Act 1988 (Cth) (SRC Act). This section mandates a reduction in NWE if the pre-injury earnings would exceed the earnings received if the employee were not incapacitated.

The Tribunal found that the applicant's transfer was indeed in accordance with the CERMP. Evidence indicated that the applicant had completed two consecutive terms in the SAC operational area and, under the CERMP, was not permitted to remain for a third. The Tribunal was satisfied that, irrespective of his injury, the applicant would have been rotated to a non-shift penalty role in CAMS as part of the standard rotation process. Consequently, the Tribunal concluded that the applicant's NWE should be adjusted to reflect his remuneration in the non-shift role, as this change would have occurred regardless of his compensable condition.

The Tribunal affirmed the reviewable decision, which had affirmed a prior determination that the applicant's NWE from 30 September 2014 were to be calculated at $1,307.02, reflecting the move to a non-shift position pursuant to the CERMP.