Wayne Cox v Warrikal Pty Ltd

[2024] FWC 3171

[2024] FWC 3171

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.394—Unfair dismissal

Wayne Cox
v

Warrikal Pty Ltd

(U2024/12378)

DEPUTY PRESIDENT DEAN CANBERRA, 18 NOVEMBER 2024

Application for an unfair dismissal remedy – high income threshold – application dismissed.

1. This decision concerns an application made by Mr Wayne Cox (Applicant) pursuant to s.394 of the Fair Work Act 2009 (the Act) for an unfair dismissal remedy in relation to the termination of his employment with Warrikal Pty Ltd (Respondent).

1. The Respondent objects to the application on a number of grounds, including that the Applicant earned above the high income threshold and was not covered by an award or enterprise agreement.

2. Section 382 of the Act provides that a person is protected from unfair dismissal at a time if, at that time:

   (a) the person is an employee who has completed a period of employment with his or her employer of at least the minimum employment period; and
   (b) one or more of the following apply:

   (i)       a modern award covers the person;

   (ii) an enterprise agreement applies to the person in relation to the employment;

   (iii) the sum of the person’s annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than the high income threshold.

3. On 14 November 2024, the Applicant confirmed in correspondence to the Commission that he did earn more than $175,000 (being the high income threshold) and his employment was not covered by a modern award or enterprise agreement.

1. As a result, the Applicant is not a person protected from unfair dismissal and his claim cannot proceed. Accordingly, this application is dismissed.

DEPUTY PRESIDENT

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