TERMINATION OF EMPLOYMENT – high income threshold – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected on basis applicant earned more than $136,700 high income threshold – base salary $125,000 – entitled to fully maintained vehicle – dispute about proportion of costs for vehicle that should be allocated for personal use – evidence applicant used fuel card to purchase fuel for vehicles other than work vehicle not taken into account as applicant not entitled to this benefit – evidence applicant negotiated salary packaging arrangement with respondent when agreed to forgo allowance for fully maintained vehicle not accepted – no evidence of any agreement applicant would meet costs of fringe benefits payable by employer from salary – value of fringe benefit tax not included in earnings – amount does not, when added to salary, cause income to exceed high income threshold – jurisdictional objection dismissed – application referred to arbitration. Bechara v Ashford Homes P/L t/a Ashford Homes.
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