Before the FWC could weigh fairness, the income threshold closed the door
A COO was dismissed in November 2025 and could not bring an unfair dismissal claim. His salary was simply too high.
Vincenzo Mobilio was dismissed from his role as Practice Manager and Chief Operating Officer at Niddrie X-Ray Pty Ltd on 14 November 2025. He lodged an unfair dismissal application with the Fair Work Commission on 5 December 2025, asserting the dismissal was unfair. The Commission, however, never got to examine that question.
The case turned on what is known as the high income threshold, a figure under the Fair Work Act 2009 that determines whether an employee not covered by a modern award or enterprise agreement can access the unfair dismissal regime at all. At the time Mobilio was dismissed, that threshold was $183,100 per annum.
Mobilio had been employed by Niddrie X-Ray since 14 August 2018, starting on an hourly rate of $75 and 44 required hours per week. By the time of his dismissal, his rate had risen to $85 per hour. Payslips from the period before his termination showed weekly earnings of $3,740, exclusive of superannuation, equating to annual earnings of $194,480.
Mobilio did not argue that he was covered by a modern award or enterprise agreement. Deputy President Masson also independently assessed whether the role would attract modern award coverage and concluded it would not, "having regard to the seniority of the role and the management responsibilities."
With annual...
A bitter legal battle at JPMorgan Chase has taken another dramatic turn after executive Lorna Hajdini filed a defamation lawsuit against former banker Chirayu Rana, accusing him of making up false...