TERMINATION OF EMPLOYMENT – high income threshold – ss.332, 382, 394, Fair Work Act 2009 – application for unfair dismissal remedy – applicant operations supervisor – written offer of employment provided gross salary of $120,000 per year plus $15,600 vehicle allowance – also entitled to single health cover under company scheme – applicant submitted dismissal unfair – applicant submitted respondent restructured department he managed to financially support the relocation and redeployment of employee based in South Africa – respondent submitted dismissal case of genuine redundancy – further submitted applicant’s earnings exceeded high income threshold as car allowance and health insurance premiums constituted ‘earnings’ – premiums in offer of employment were applied or dealt with on behalf of applicant – applicant submitted that premiums paid for under company scheme – further submitted policy in his name and issued membership card – applicant submitted health insurance premiums not part of his earnings as did not obtain benefit of policy and entitlement was not sought – Commission considered whether health insurance premiums ‘earnings’ under s.332 of FW Act – found that s.332 does not impose requirement that amounts applied on employee’s behalf or direction deliver some benefit to employee – found health insurance premiums to be ‘earnings’ for the purposes of s.332 applying Tipene v Norton Goldfields – Commission considered whether vehicle allowance ‘earnings’ – found that car allowance formed part of applicant’s wages as travel was incidental to role – distinguished from Davidson – Commission found that company policy provided for applicant to separately seek reimbursement for private use of car and paid separately to vehicle allowance – found vehicle allowance included in ‘earnings’ – earnings exceeded high income threshold – applicant not protected from unfair dismissal – application dismissed. Pasznicki v Expro Group Australia P/L
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