TERMINATION OF EMPLOYMENT – high income threshold – modern award coverage – ss.382, 394 Fair Work Act 2009 – application for relief from unfair dismissal – applicant employed as CEO of the respondent in Racing industry – respondent objected to application on basis applicant’s was earnings were more than the high income threshold and he not covered by a modern award – applicant submitted that he was covered by the Registered and Licensed Clubs Award 2010 – respondent submitted Award does not cover employers in the Racing industry, that classifications in Award do not apply to a manager at CEO level and that the respondent does not fall within definition of ‘Club’ in Award – coverage of Award considered – Commission found respondent operates for benefit of members, however, not persuaded that a club that promotes and holds racing events is conducted for the benefit of the community – not satisfied that the respondent is a ‘Club’ within definition of the Award – Commission held that even if wrong in that conclusion, the respondent is not covered by operation of the exclusions in coverage of the Award – Commission not satisfied applicant was covered by modern award – not satisfied applicant was a person protected from unfair dismissal – application dismissed. St George v Gold Coast Turf Club Ltd t/a Gold Coast Turf Club
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