TERMINATION OF EMPLOYMENT – high income threshold – ss.382, 394 Fair Work Act 2009 – jurisdictional objection to application for unfair dismissal remedy – respondent objected on basis that applicant earned more than the high income threshold – Commission considered whether applicant was engaged under the Mining Industry Award 2010 – applicant submitted that he was a Maintenance Fitter and was ‘promoted’ to Mechanical Leading Hand – position title changed to Maintenance Supervisor – Commission found that Maintenance Fitter fell within Level 3 of a Maintenance Trades Employee classification in the Award – found applicant’s classification had not materially changed such that would affect coverage of Award – satisfied applicant covered by modern award at time of termination – no need to determine whether applicant earned more than high income threshold – Commission satisfied applicant was a person protected from unfair dismissal – jurisdictional objection dismissed – directions to be issued in respect of the merits of the matter. Mikic v NT Mining Operations P/L
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