FWC: unfair dismissal – high income threshold & overtime

Foster v CBI Constructors Pty Ltd [2014] FWCFB 1976

The current threshold is $129,300,00. The Full Bench decision is of interest in its consideration of whether in this instance, overtime earnings were to be included under s.382 of the Act. The appeal was refused on the basis the appellant was regularly rostered for overtime roster. The decision is of interest because the employer was not legally obliged to provide overtime or to guarantee it.

 Brisbane Barrister – David Cormack

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