Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 329

  (1)   A full - time employee is a high income employee of an employer at a time if:

  (a)   the employee has a guarantee of annual earnings for the guaranteed period; and

  (b)   the time occurs during the period; and

  (c)   the annual rate of the guarantee of annual earnings exceeds the high income threshold at that time.

  (2)   An employee other than a full - time employee is a high - income employee of an employer at a time if:

  (a)   the employee has a guarantee of annual earnings for the guaranteed period; and

  (b)   the time occurs during the period; and

  (c)   the annual rate of the guarantee of annual earnings would have exceeded the high income threshold at that time if the employee were employed on a full - time basis at the same rate of earnings.

  (3)   To avoid doubt, the employee does not have a guarantee of annual earnings for the guaranteed period if the employer revokes the guarantee of annual earnings with the employee's agreement.