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IMPACT – MEDIUM
What is the change? The Fair Work High Income Threshold is increasing from AUD129,300 per year to AUD133,000.
What does the change mean? The new salary threshold will affect workers over age 50 on Temporary Work (Skilled) visas (subclass 457) seeking Australian residency.
Background: The Fair Work Act 2009 established the High Income Threshold for employees claiming unfair dismissal. The threshold prevents workers who earn more than the threshold and who are not covered by a modern award or enterprise agreement from making an unfair-dismissal claim. Every 1 July, the government adjusts the threshold.
BAL Analysis: The annual adjustment is important for individuals over 50 applying for Australian residency under the Employer Nomination Scheme. Individuals over 50 must have been working for their nominating employer as the holder of a subclass 457 visa for at least four years immediately before applying, and their employer must have paid a salary at least as much as the Fair Work High Income Threshold in each of the four years.
The increased threshold means that employers may need to adjust some salaries so that workers will maintain their eligibility under these rules.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
MARN: 9683856
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
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