44E   Definitions applying to pre-injury average weekly earnings—ordinary earnings

(1)  Subject to this section, in relation to pre-injury average weekly earnings, the ordinary earnings of a worker in relation to a week during the relevant period are:

(a)  if the worker’s base rate of pay is calculated on the basis of ordinary hours worked, the sum of the following amounts:

(i)  the worker’s earnings calculated at that rate for ordinary hours in that week during which the worker worked or was on paid leave,

(ii)  amounts paid or payable as piece rates or commissions in respect of that week,

(iii)  the monetary value of non-pecuniary benefits provided in respect of that week, or

(b)  in any other case, the sum of the following amounts:

(i)  the actual earnings paid or payable to the worker in respect of that week,

(ii)  amounts paid or payable as piece rates or commissions in respect of that week,

(iii)  the monetary value of non-pecuniary benefits provided in respect of that week.

(2)  A reference to ordinary earnings does not include a reference to any employer superannuation contribution.