TERMINATION OF EMPLOYMENT – high income threshold – minimum employment period – ss.383, 384, 394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent objected to application and submitted applicant had not served the minimum employment period and earned more than the high income threshold – applicant employed as General Manager – worked for prior company (Struga) which was sold to respondent – prior to applicant commencing employment with respondent, no evidence that applicant advised in writing that his prior service would not be recognised – no dispute that Struga transferred to respondent and that applicant was transferring employee – Commission satisfied applicant served the minimum employment period – applicant stated he earned $145,000 inclusive of superannuation, and respondent stated applicant earned $145,000 plus superannuation – respondent did not provide applicant with payslips during his employment – parties provided email and text evidence of pay discussions – Commission did not accept that the text messages represented agreement between the parties – clear from applicant’s email that his package was $145,000 plus superannuation – Commission satisfied applicant’s salary exceeded high income threshold – whether applicant covered by Cleaning Services Award 2010 – Commission not satisfied that award covered applicant’s employment – earnings exceeded high income threshold – not covered by award – not protected from unfair dismissal – application dismissed. Sulejman v Cleaning Facility Cleaning Management P/L t/a PPM Corporate
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