Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Capital Territory v Comcare [2012] FCA 67 Citation: Australian Capital Territory v Comcare [2012] FCA 67
Appeal from: ACT Department of Justice and Community Safety and Comcare and Anor [2011] AATA 467
Parties: THE AUSTRALIAN CAPITAL TERRITORY v COMCARE and NEIL GOODWIN
File number: ACD 40 of 2011
Judge: BENNETT J
Date of judgment: 10 February 2012
Corrigendum: 24 April 2012
Catchwords: WORKERS' COMPENSATION – employee's weekly compensation payments under s 19 Safety, Rehabilitation and Compensation Act 1988 (Cth) – normal weekly earnings adjustment under s 8(10) – application of s 8(10)(a) where employee on long service leave – scope of term "employment" in s 8(10) – comparison of normal weekly earnings with notional earnings during period of long service leave – non-inclusion of overtime payments
Legislation: ACT Fire Brigade Union Collective Agreement 2006 - 2010 cl 78 Administrative Appeals Tribunal Act 1975 (Cth) s 44 Public Sector Management Act 1994 (ACT) part 7, ss 152 and 158 Public Sector Management Standards 2006 (ACT) part 4.18 and s 411 Safety, Rehabilitation and Compensation Act 1988 (Cth) ss 8(10), 9 and 19
Cases cited: Comcare v Burgess (2007) 164 FCR 66, not followed John Holland Group Pty Ltd v Robertson (2010) 185 FCR 566, applied
Date of hearing: 19 December 2011
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