TERMINATION OF EMPLOYMENT – high income threshold – modern award coverage – ss.382, 394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant’s income exceeded high income threshold – whether applicant covered by the Manufacturing and Associated Industries and Occupations Award 2010 (manufacturing award) or the Mining Industry Award (mining award) and therefore protected from unfair dismissal under s.382(b)(i) of FW Act – Commission held that the respondent business did not operate in the manufacturing industry, but in the mining industry, and so the applicant was not covered by the manufacturing award – held that the applicant was a supervisor, but that supervisors are not covered by the mining award [Fry], [McMillan and Norman] – held that applicant was therefore not a person protected from unfair dismissal, as he was above the high income threshold and was not covered by and enterprise agreement or award – application dismissed. Scarborough v Sandfire Resources NL t/a Sandfire Resources NL
…
