MEDIA STATEMENT

WA Industrial Relations Commission

09 July 2009

Salary Cap For Lodging Claims Of Unfair Dismissal Or Denial Of Contractual Benefits

Section 29AA(3) and (4) of the Industrial Relations Act, 1979 provides that the Commission must not determine a claim for harsh, oppressive or unfair dismissal or a claim for a denied contractual benefit if an industrial instrument does not apply to the employment and the contract of employment provides for a salary which exceeds the prescribed amount. What is meant by an industrial instrument is defined in section 29AA(5) of the Industrial Relations Act, 1979 and was discussed by the Full Bench in Thomas Quinn v Kalgoorlie Consolidated Gold Mines Pty Ltd (2006) 86 WAIG 2725. The prescribed amount of the salary is determined by Regulations 5 and 6 of the Industrial Relations (General) Regulations 1997. The amount is adjusted each July 1.

The figure that will apply from 1 July 2009 has been calculated by the Registrar as being $122,900.00. The amount is a matter for the Commission to determine so that figure must be seen as a guide, until such time as the Commission may determine a different amount.