Mason CJ:

This appeal concerns the construction of the words "the ordinary time rate of pay of the worker (as expressed by reference to a week)" in s. 69(1)(a)(ii) of the Workers Compensation Act 1988 (Tas.) ("the Act"). The Full Court of the Supreme Court of Tasmania unanimously held that, upon the proper construction of s. 69(1)(a), the appellant ("the worker") who was relevantly employed for two eight-hour shifts each week, was to be compensated for his total incapacity for work on the basis of a 16 hour week.It rejected the argument of the worker that his compensation was to be calculated on the basis of the 38 hours per week which were the "ordinary hours of work" for a week under the industrial award which governed his employment.The question in the appeal is whether the words "as expressed by reference to a week" mean that the compensation payable to a worker is to be calculated by reference to the actual number of hours he or she ordinarily works in a week or by some other criterion and, if so, what criterion.

The factual background

The worker sustained injury on 8 September 1989 in the course of his employment as a casual labourer with the second respondent ("the em