First he argued he was overpaid, then he argued he was a labourer, neither stuck
An estimator argued his employer was overpaying him, and that his "real" salary sat below the high income threshold. The Commission wasn't convinced.
Libe Chacos was dismissed by residential builder Regal Homes (Aust.) Pty Ltd on 19 September 2025. Three days later, he filed an unfair dismissal application with the Fair Work Commission. The catch: at the time of his dismissal, he was earning $192,000 a year, plus superannuation, well above the high income threshold of $183,100 that applied between 1 July 2025 and 30 June 2026.
That should have been the end of the matter. But Chacos had a creative argument.
Chacos initially pointed to his Notice of Assessment from the Australian Taxation Office, which showed taxable income of $168,165 for the year ending 30 June 2025. The Commission noted this missed the point, since what matters is the rate of earnings at the time of dismissal, not what was actually earned in the previous 12 months.
He then accepted his salary was $192,000 but said he wasn't really a high income employee because he didn't have a guarantee of annual earnings. That argument went nowhere either. His most interesting pitch came next. Chacos said his salary had been inflated to compensate him for weekend work at display homes, work he had since stopped doing. On that basis, he argued his pay should have reverted to $160,000, which would have placed him under...
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