[2025] FWC 957
Citation: [2025] FWC 957
What happened
the Applicant was dismissed from his role at The Schoolhouse Education Australia Pty Ltd in November 2024. He applied to the Fair Work Commission for an unfair dismissal remedy. the Respondent argued the Applicant’s income exceeded the high-income threshold and he wasn't covered by a modern award or enterprise agreement. the Applicant had previously been a director and shareholder in the company. From March 2024, his salary was reduced by $30,000 per annum, treated as a loan to the company, and he also salary sacrificed 100% of his salary from July 2024. He also took on another job in October 2024.
What was decided
The Fair Work Commission dismissed the jurisdictional objection raised by The Schoolhouse Education Australia Pty Ltd. the Commissioner found that despite salary reductions and salary sacrificing arrangements, the Applicant’s annual rate of earnings remained at $190,000, exceeding the high-income threshold. the Commission noted that the salary sacrifice and loan amounts were 'applied or dealt with' on the Applicant’s behalf, and therefore included in his earnings. The matter was adjourned to determine the substantive unfair dismissal claim.
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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 →