Australia's Fair Work Commission ("FWC"), the
country's industrial relations tribunal responsible for, among
other things, setting and maintaining a safety net of minimum wages
and other employment conditions under the Fair Work Act
2009 (Cth), recently handed down its decision in Dart v.
Trade Coast Investments Pty Ltd (June 29, 2015). The decision
clarifies when personal use of company-supplied devices can be
included in the calculation for determining whether the employees
are eligible to file a claim alleging unfair dismissal in breach of
the Fair Work Act.
Australia's national workplace relations system allows
eligible employees who believe that they were unfairly dismissed to
apply for an unfair dismissal remedy with the FWC. To make an
unfair dismissal claim, an employee must either be covered by a
statutory modern award1 or earn
less than the high income threshold. The high income
threshold is reviewed and adjusted annually. On July 1, 2015, this
threshold
