[2025] FWC 1574
Citation: [2025] FWC 1574
At a glance
- Employees affected
- 1
What happened
the Applicant brought an unfair dismissal claim against Metal Manufactures Pty Limited. the Respondent raised two objections: the Applicant’s annual earnings exceeded the High Income Threshold ($175,000), and he did not meet the minimum employment period. The Applicant disputed his annual earnings and claimed the High Income Threshold objection was a distraction. The dismissal occurred on 17 February 2025.
What was decided
The Fair Work Commission dismissed the Applicant’s unfair dismissal application. Deputy President Boyce upheld the High Income Threshold objection, finding his annual rate of earnings was $200,000 (plus superannuation). The Commission did not need to consider the minimum employment period objection. the Respondent may seek to recover legal costs from the Applicant.
What it means for employers
Employers should accurately calculate an employee's annual rate of earnings, including salary and benefits, to determine if they are above the High Income Threshold. Failure to do so can lead to unsuccessful jurisdictional objections and potential costs.
What it means for employees
Employees with annual earnings exceeding the High Income Threshold ($175,000) are generally not eligible for unfair dismissal protection. It is important to provide clear and specific evidence to dispute claims about your earnings.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →