Termination of employment – high income threshold – s.394 Fair Work Act 2009 – application for relief from unfair dismissal – respondent argued there was no jurisdiction to hear the application because the applicant earned more than the high income threshold and was not covered by an award or agreement – applicant earned a base salary of $261,158 per annum and a work allowance of 30% of the base salary – applicant argued he was covered by an award or agreement – agreement covers employees of BHP Billiton WAIO P/L – applicant employed by BHP Billiton Iron Ore P/L – found agreement did not cover applicant’s employment – award only applies to those employed in the classifications – essential character of applicant’s job not work of the type in the indicative list – Commission not satisfied applicant’s employment was covered by the agreement or the award – application dismissed. Finch v BHP Billiton Iron Ore P/L t/a BHP Iron Ore
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