Andrew Fitzhenry v Linde Material Handling Pty Ltd

Andrew Fitzhenry filed an application for relief from unfair dismissal against Linde Material Handling Pty Ltd in the Fair Work Commission. The primary dispute centred on the threshold income level applicable to the unfair dismissal claim and the characterisation of certain remuneration components. Specifically, the applicant contended that his total earnings were below the statutory high-income threshold, rendering him eligible for relief under the Fair Work Act. Additionally, Fitzhenry argued that a car allowance he received was a reimbursement and not a part of his assessable income.

The legal issues the court had to decide included whether the commissions Fitzhenry earned were determined in advance and thus not part of his ordinary time earnings, and whether the car allowance constituted a reimbursement or an income component. The court examined relevant provisions of the Fair Work Act and considered the applicant's submissions on the characterisation of the remuneration elements. The central issue was whether Fitzhenry's total earnings, inclusive of commissions and the car allowance, exceeded the high-income threshold.

The Fair Work Commission, after reviewing the evidence and submissions, determined that the commissions Fitzhenry received were not determined in advance and, therefore, were part of his ordinary time earnings. However, the car allowance was found to be a reimbursement, not income. Consequently, when these components were excluded from the calculation of his total earnings, Fitzhenry's income fell below the high-income threshold. The court dismissed the jurisdictional objection raised by the respondent, finding that the application was properly before it. The Commission granted the applicant relief from unfair dismissal, as his total earnings were below the statutory threshold.