TERMINATION OF EMPLOYMENT – high income threshold – s.394 Fair Work Act 2009 – applicant’s annual earnings exceeded the high income threshold – employed as Drill and Blast Engineer in open cut mining operations – respondent submitted applicant not covered by award – Kucks v CSR Ltd considered re construing an award – Black Coal Award 2010 the relevant award – Schedules A and B set out classes of work – relatively senior staff employees have traditionally been covered by awards in the black coal mining industry – history of professional occupations being covered by awards as early as 1945 – Black Coal Award was intended to ‘neither expand nor contract the reach of the key pre-reform awards (to) the extent to which the awards apply to such employers’ – consideration of applicants lack of formal engineering qualifications – Commission held principal purpose of applicant’s role supervisory – qualifications not required – consideration of Foreperson and Senior Foreperson classifications in the award – applicant in relatively senior role – satisfied applicant covered by Black Coal Award – not employed as Engineer or Open-Cut Overseer – jurisdictional objection dismissed. Todd v Whitehaven Coal Mining Limited t/a Tarrawonga Open Cut Coal Mine
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