Coles v Miller - Case Summary PDF

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Description

Cole’s v Miller [2013] – Summary Issue Facts     

Worker was injured at arising out of or in the course of her employment with Coles Australia. Was injured at an incident at Coles Tuggernong. Unable to work as result of injury Her average earnings were $429.65. Coles is appealing decision for the Worker to be paid weekly compensation in the sum of the the statutory floor otherwise known as the federal minimum wage.

Argument/Law 

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The appellant argued that adopting the payment average of 18 hours per week undermined the 2001 amendment by not providing an incentive for the worker to rehabilitate and return to work. The worker argued those amendments were to introduce protections for low paid workers by introducing a statutory floor.

Findings  

Found that both arguments had merit. Appellant’s case was rejected....