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High Income Threshold Re Unfair Dismissal And Award Application Increase From 1 July 2010

The high income threshold is indexed each year with effect from 1 July 2010. It stood at $108,300 during the first year of the Fair Work system. DEEWR has advised that from 1 July 2010 the threshold becomes $113,800.


The high income threshold is:


the amount which must at least be met with a guarantee of annual earnings (a written guarantee given to an employee who is covered by a modern award where the employer wants to employ the person without the award applying)


the amount below which an employee who
is award/agreement-free;

and
has completed the minimum employment period;

and
is dismissed by the employer
can make an unfair dismissal application.


The high income threshold also sets the maximum amount that can be awarded in an unfair dismissal matter — ie six months pay so, from 1 July 2010, $56,900.



What is included in determining the ’income’ for the high income threshold?


‘Income’ includes:


wages


amounts which are paid for the employee’s benefit (such as under a salary sacrifice arrangement)


non-monetary benefits where there is an agreed value placed on the (and it is reasonable)



‘Income’ does not include:


amounts which cannot be determined in advance (such as performance related bonus or commission)


superannuation contributions required under the superannuation guarantee
reimbursements.


Article sourced from Workplaceinfo, A daily Bureau service for HR & IR professionals. For a free 14 day trial, contact us on "info@wrscentre.com.au" or call Craig on 0450 747337.
 
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