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FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 329 High income employee

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 329

High income employee

             (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.