FWC High income threshold increases – Changes to high income threshold and compensation caps and filing fees
Commencing today, (1 July 2017) the high income threshold in unfair dismissal cases increases to $142,000 and the compensation limit is now $71,000. The maximum compensation cap is set at 26 weeks or 50% of the high income threshold
The filing fee for dismissal, general protections and anti-bullying applications made under sections 365, 372, 394, 773 and 789FC of the Fair Work Act 2009 will increase to $70.60
It is important to remember that an employee earning over the threshold of #142,000.00 can still make an unfair dismissal application if;
- They are covered by a modern award
A modern award is a legal document that sets out minimum wages and conditions for an industry or occupation. Awards cover things like rates of pay, overtime, penalty rates and allowances. The conditions in awards apply on top of the minimum conditions in the National Employment Standards.
- If they are covered by an enterprise agreement
An enterprise agreement is a legal document that sets out the conditions of employment between a group of employees and their employer.Enterprise agreements can be made by an employer with a group of employees, or by more than one employer with groups of employees.In some cases, enterprise agreements can be made by an employer and a union for a new enterprise before any employees start working for the business.
If you are not sure if your employees are covered by the unfair dismissal provisions of the Fair Work Act take the test at the Fair Work Commission web site – https://www.fwc.gov.au/content/rules-form/unfair-dismissal-application
Recent decisions about the high income threshold can be found in this article – http://awpti.com.au/fwc-high-income-threshold-decisions/
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