Employers and employees – take note of the changes to the
Fair Work Commission’s application fees, high income threshold and compensation
awards that came into effect on 1 July 2014:
Fair Work Commission
application fee
The Commission’s application fee to file an unfair dismissal
application, general protections application and anti-bullying application has
increased to $67.20 (see regulation
3.02 of the Fair Work Regulations 2009).
There has been no change to the time limit on making
applications involving a dismissal, which is 21 days from the dismissal taking
effect.
High income threshold
To bring an unfair dismissal claim, employees must have been
employed for over 6 months (or 12 for those employed by Small Business
Employers) and either earn under the high income threshold, or have their
employment covered by a Modern Award or an Enterprise Agreement (see section
382 of the Fair Work Act 2009).
The high income threshold is now $133,000 (see regulation 2.13 of the Fair Work Regulations 2009).
The high income threshold includes wages, salary sacrifice
amounts and non-monetary benefits.
It does not include reimbursements, employer superannuation
contributions, or payments that cannot be calculated in advance, for example
bonuses that are reliant on an employee’s performance.
Compensation limits
For unfair dismissal applications relating to dismissals
occurring on or after 1 July 2014, the Commission can award an employee a maximum
of 26 weeks pay for compensation for their lost earnings. This amount cannot exceed $66,500, which is half of the high
income threshold (see section 392 of the Fair Work Act).
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