Subject to limited exclusions, employees will have access to the unfair dismissal regime under the Fair Work Act 2009 (Cth) (FW Act) if their annual rate of earnings is less than the high income threshold. Currently the high income threshold is $138,900.
For the purpose of assessing whether the high income threshold applies in relation to the dismissal of an employee at a particular time, certain payments applied or dealt with on behalf of the employee are included.
A recent full bench decision of the Fair Work Commission in Savannah Nickel Mines Pty Ltd v Crowley [2016] FWCFB 2630 held that an employer’s payment of a death cover insurance premium was included for the purpose of assessing whether the high income threshold applied to the employee involved.