sec.42BApplication of pt 5A

### sec.42B Application of pt 5A This part applies to a claim (an employment claim )— made in a proceeding started under this part by a person— who is or was an employee of an employer; and whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and arising out of a breach of a contract of employment between the employee and employer. However, a claim is not an employment claim if the cause of action to which the claim relates is within the jurisdiction of the industrial relations commission. A claim under the Fair Work Act 2009 (Cwlth) , section 539 is not an employment claim. s 42B ins 2007 No. 23 s 59 amd 2009 No. 49 s 70 ; 2016 No. 63 s 1112 ; 2020 No. 34 s 18 (sec.42B-ssec.1) This part applies to a claim (an employment claim )— made in a proceeding started under this part by a person— who is or was an employee of an employer; and whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and arising out of a breach of a contract of employment between the employee and employer. (sec.42B-ssec.2) However, a claim is not an employment claim if the cause of action to which the claim relates is within the jurisdiction of the industrial relations commission. (sec.42B-ssec.3) A claim under the Fair Work Act 2009 (Cwlth) , section 539 is not an employment claim. - (a) made in a proceeding started under this part by a person— (i) who is or was an employee of an employer; and (ii) whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and - (i) who is or was an employee of an employer; and - (ii) whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and - (b) arising out of a breach of a contract of employment between the employee and employer. - (i) who is or was an employee of an employer; and - (ii) whose annual wages at the time the breach of contract mentioned in paragraph (b) happened are less than the amount of the high income threshold under the Fair Work Act 2009 (Cwlth) , section 333 ; and