44D   Definitions applying to pre-injury average weekly earnings—relevant period

(1)  Subject to this section, a reference to the relevant period in relation to pre-injury average weekly earnings of a worker is a reference to:

(a)  in the case of a worker who has been continuously employed by the same employer for the period of 52 weeks immediately before the injury, that period of 52 weeks, or

(b)  in the case of a worker who has been continuously employed by the same employer for less than 52 weeks immediately before the injury, the period of continuous employment by that employer.

(2)  The relevant period, in relation to pre-injury average weekly earnings of a worker who, during the 52 weeks immediately before the injury, voluntarily (otherwise than by reason of an incapacity for work resulting from, or materially contributed to by, an injury that entitles the worker to compensation under this Act):

(a)  alters the ordinary hours of work, or

(b)  alters the nature of the work performed by the worker,

      and, as a result, the worker’s ordinary earnings are reduced, does not include the period before the reduction takes effect.

(3)  If, during the period of 52 weeks immediately before the injury, a worker:

(a)  is promoted, or

(b)  is appointed to a different position,

      (otherwise than on a temporary basis) and, as a result, the worker’s ordinary earnings are increased, the relevant period in relation to the worker begins on the day on which the promotion or appointment takes effect.