Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Subject to subsection (2), if, in relation to a day in respect of which compensation is payable to an employee under section 31, 33, 34, 35, 36, 37 or 45, an amount is paid or payable to the employee by the employer by way of salary, wages or pay, the amount of compensation payable under that section in respect of that day must be reduced by the amount so paid or payable to the employee.
(2) If, in relation to a day in respect of which compensation is payable to an employee under section 31, 33, 34, 35, 36, 37 or 45, an amount is payable to the employee in relation to recreation leave, the amount must not be paid and the employee must be recredited with a day's recreation leave.
(3) In this section, a reference to an amount paid or payable to an employee by the employer does not include a reference to:
(a) an amount by way of pay in respect of a period of long service leave that is granted, or instead of the grant of a period of long service leave; or
(b) any amount that the employee is able to earn in suitable employment, being an amount that has been taken into account for the purposes of working out the amount of compensation payable to the employee under section 31.