Regulation amendment – definition of ‘industrial award’
A new regulation has been effected which expands the definition of ‘industrial award’ in the Workers’ Compensation and Injury Management Act 1981:
3A. Instruments under Commonwealth laws prescribed for definition of industrial award in Act
For the purposes of paragraph (d) of the definition of industrial award in section 5(1) of the Act, the following instruments are prescribed —
- a fair work instrument as defined in the Fair Work Act 2009 (Commonwealth) section 12;
- an award-based transitional instrument as defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Commonwealth) Schedule 2 item 2 that continues in existence under Schedule 3 Part 2 of that Act.
The regulation confirms that workers covered by Commonwealth instruments are ‘award’ workers for the purpose of calculating weekly compensation payments. This is consistent with common practice and does not have any material impact on payments made to workers.