Fair Work Act 2009
329High income employee
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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.