TERMINATION OF EMPLOYMENT – high income threshold – enterprise agreement coverage – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – applicant worked as Offshore Maintenance Technician, Power and Control in Production, based offshore – respondent claimed applicant was not an employee protected from unfair dismissal as not covered by a modern award or enterprise agreement at the time of dismissal; annual rate of earning exceeded the high income threshold – respondent claimed international assignments were variations to the existing contract and not covered by the enterprise agreement – respondent remained the employer for payroll purposes but for all other purposes the assignment was managed by the host affiliate – claimed applicant’s position not kept open that was held before accepting international assignment – applicant had not performed any work in original location – on return from international assignment applicant rejected onshore position – had applicant accepted role upon return, would have fallen within the coverage clause and classifications in the Agreement – nature of duties while on assignment remained the same and also received the same pay – applicant contended that geographical restrictions had no effect – Commission found work applicant performed met criteria in award as tasks could be performed either offshore or onshore – held that applicant was covered by the Hydrocarbons Industry (Upstream) Award 2010 – satisfied covered by s.382(b) FW Act – determined common ground applicant employed by respondent for eight years therefore covered by s.382(a) – high income threshold was not relevant and applicant protected from unfair dismissal – respondent’s jurisdictional objection dismissed – matter listed for arbitration before Commission on a date to be advised. Stephens v Esso Australia P/L
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