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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;

has completed the minimum employment period;

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:


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

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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