108AEmployment contracts in respect of which applications cannot be made

#### 108A Employment contracts in respect of which applications cannot be made 108A Employment contracts in respect of which applications cannot be made > > (1) An application cannot be made for an order under this Division if the application relates to a contract of employment under which— > > > > > (a) a remuneration package that exceeds the remuneration cap is paid or received (or is payable or receivable) during the period of 12 months immediately before the application is made (or, if the application concerned relates to a contract that has been terminated, immediately before the termination), or > > > > > (b) a remuneration package is paid or received (or is payable or receivable) during a period of less than 12 months immediately before the application is made (or, if the application concerned relates to a contract that has been terminated, immediately before the termination) that would, if the remuneration package had been paid or received (or been payable or receivable) for a period of 12 months, have exceeded the remuneration cap. > > > (2) An application cannot be made for an order under this Division by a person who is a partner carrying on a business if— > > > > > (a) the application relates to a contract between that partner and the other persons carrying on that business in partnership, and > > > > > (b) the share of the net profits, or payments contingent on the net profits, of the business that are paid to or received by (or payable to or receivable by) the applicant during the period of 12 months immediately before the application is made (or, if the application relates to a contract that has been terminated, immediately before the termination) exceed— > > > > > > > (i) $200,000, or > > > > > > > (ii) if an amount is prescribed for the purposes of paragraph (b) of the definition of “remuneration cap” in subsection (3)—that amount. > > > (3) In this section— > > > > contract of employment means any contract or arrangement under which work is done by a person in the capacity of an employee, and includes a related condition or collateral arrangement with respect to such a contract. > > > > employment benefit means a benefit provided to an employee at the cost of his or her employer (being a benefit of a private nature) and, without limitation, includes— > > > > > (a) contributions payable to a superannuation scheme by an employer in respect of the employee, including any liability of that employer to make any such contributions or to pay costs associated with that scheme, or > > > > > (b) the provision by an employer of a motor vehicle for private use by the employee, or > > > > > (c) any other benefit prescribed by the regulations for the purposes of this definition. > > > > monetary remuneration includes any performance-related bonus or incentive payment. > > > > remuneration cap means— > > > > > (a) $200,000, except as provided by paragraph (b), or > > > > > (b) any greater amount prescribed by the regulations (being a regulation that increases the amount by reference to increases in the amount referred to in section 83 (1) (b)). > > > > remuneration package means the total value of monetary remuneration and employment benefits payable or receivable under a contract of employment. > > **s 108A:** Ins 2002 No 32, Sch 1 \[2\].