Gray v Comcare [2004] FCA 1037

FEDERAL COURT OF AUSTRALIA

Gray v Comcare [2004] FCA 1037 WORKERS COMPENSATION – casual Commonwealth employees – appeal from decision of Administrative Appeals Tribunal (AAT) – statutory compensation entitlement calculated by reference to 'normal weekly earnings' – 'normal weekly earnings' calculated by reference to hours actually worked during weeks of relevant employment period – whether weeks during which casual employee worked no hours owing to illness included in relevant employment period – whether payment of loading to casual employee a relevant consideration for purpose of determining normal weekly earnings under statutory formula.

Safety, Rehabilitation and Compensation Act 1988 (Cth), ss 8, 9, 19 ANNA GRAY v COMCARE A 30 OF 2003 GYLES J 12 AUGUST 2004 SYDNEY (HEARD IN CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 30 OF 2003

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ANNA GRAY

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: GYLES J DATE OF ORDER: 12 AUGUST 2004

WHERE MADE: SYDNEY (HEARD IN CANBERRA)

THE COURT ORDERS THAT: 1. The decision of the Tribunal will be set aside and, in lieu thereof, the respondent's reviewable decision dated 24 February 2002 will be set aside. 2. The respondent is to pay the costs of the applicant. 3. The matter is stood over for the parties to agree upon the appropriate order. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 30 OF 2003

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: ANNA GRAY

APPLICANT

AND: COMCARE

RESPONDENT

JUDGE: GYLES J

DATE: 12 AUGUST 2004

PLACE: SYDNEY (HEARD IN CANBERRA)