Section 329 — Fair Work Act 2009: 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.