[2025] FWC 157
What happened
the Applicant sought relief from unfair dismissal after being dismissed by Murrin Murrin Operations Pty Ltd. The company initially named Minara Resources Pty Ltd. The dispute centered on whether the Applicant was protected from unfair dismissal under the Fair Work Act 2009. Section 382 of the Act requires employees to have a minimum employment period and either be covered by a modern award, enterprise agreement, or have annual earnings below a high income threshold of $175,000. the Applicant’s employment commenced on 6 May 2019, with a base salary of $147,000, increasing to $163,794 by January 2023. He took unpaid leave from December 2023 and received salary continuance payments of 75% of his gross salary.
What was decided
the Commissioner dismissed the Applicant’s application for unfair dismissal relief. The Commission found that the Applicant did not meet the requirements of section 382(b)(iii) of the Fair Work Act. The Commission determined that the relevant figure for assessing the high income threshold is the employee's annual rate of earnings at the time of termination, not the amount actually received in the previous 12 months. The Commission relied on previous decisions like Zappia and Rossi to support this interpretation. The Commission concluded that the amounts the Applicant was entitled to receive under his employment contract and remuneration policy, rather than his salary continuance payments, constituted his annual rate of earnings.
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