TERMINATION OF EMPLOYMENT – high income threshold – s.394 Fair Work Act 2009 – application for relief of unfair dismissal remedy – respondent objected to application on basis that applicant earned more than the high income threshold – applicant not covered by modern award or enterprise agreement – annual rate of earnings was at least $119,200 – consideration of the value of motor vehicles provided to the applicant – value of the private use of the vehicle can be included in the annual rate of earnings [Rofin Australia] – applicant assessed the private use of the vehicles at $8,749 – respondent submitted alternate calculation totalling $20,645.04 – applicant did not keep log book – Commission adopted calculations provided by respondent – found applicant’s annual remuneration was more than the high income threshold – not satisfied applicant protected from unfair dismissal – application dismissed. Davis v PT Western Plains P/L t/a Western Plains Automotive
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