TERMINATION OF EMPLOYMENT – high income threshold – s.394 Fair Work Act 2009 – applicant claimed he was dismissed from his employment with the respondent on 10 March 2017 – respondent identified the following jurisdictional objections: dismissal was a case of genuine redundancy, respondent is a small business and applicant earned more than the high income threshold – a hearing was conducted to determine the jurisdictional objection about high income threshold – considered the treatment of superannuation, the car allowance and other allowances – whilst the contract of employment provided that the salary of $125,000 was inclusive of superannuation this was not the case – Commission found that the $20,000 car allowance should be split into an amount of $8,000 for business use and an amount of $12,000 for personal use – the $12,000 became part of annual wages – Commission found that $780 for private telephone usage and $750 for private laptop usage formed part of total earnings – total earnings of applicant amounted to $138,500 – found amount to be below the high income threshold of $138,900 – application subject to further proceedings as directed by the Commission. Bernadou v Sam Technology Engineers P/L
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