Announcement - Salary Caps in Applications for Relief from Alleged Unfair Dismissals

30 August 2002

Award-free employees may only apply for relief from alleged unfair dismissal if their salary does not exceed the amount set by s.83(1)(b) of the Industrial Relations Act 1996 and Regulation 5 of the Industrial Relations (General) Regulation 2001. The amount prescribed is calculated in accordance with Regulation 30BF of the Workplace Relations Regulations 1996 of the Commonwealth.

The Federal Minister for Employment and Workplace Relations recently issued a media release announcing that the salary caps used by that Department and by both the Australian Industrial Relations Commission and the Industrial Relations Commission of New South Wales have been wrongly calculated since 1997.

The remuneration limit, as at 1 July 2002, is $81,500. The errors relate to the period from 1 July 1997 to 30 June 2002. The amounts previously advised for these years were slightly lower than they should have been.

As a result of the errors, some employees may have been incorrectly denied the opportunity to make an unfair dismissal claim. The media release stated that the errors were small and the number of people affected is likely to be very small. It is estimated that less than 50 people will have been affected.

The correct remuneration limits are set out as follows:

Indexation DayCorrectPreviously Advised
1 July 1997$66,400$66,200
1 July 1998$69,100$68,000
1 July 1999$71,000$69,200
1 July 2000$73,600$71,200
1 July 2001$76,600$75,200