Document ID: chunk:federal_register_of_legislation:F2024C01158:reg:4:p23
Version: federal_register_of_legislation:F2024C01158
Segment Type: reg
Provision Reference: reg 4 (pt 23/32)
Character Range: 105841–108408

or dates—the discontinuance occurs at least 2 days before that date or the earlier of those dates.

Subdivision C—Conference costs

3.04  Schedule of costs
 (1) For section 376 of the Act, the schedule of costs set out in Schedule 3.1 is prescribed.
 (2) In awarding costs:
 (a) the FWC is not limited to the items of expenditure mentioned in Schedule 3.1; but
 (b) if an item of expenditure is mentioned in Schedule 3.1, the FWC must not award costs for that item at a rate or of an amount in excess of the rate or amount mentioned in Schedule 3.1 for that item.
Note: An application for an order for costs must be made in accordance with the procedural rules.
 (3) A bill of costs must identify, by an item number, each cost and disbursement claimed.

Part 3‑2—Unfair dismissal

Division 2—Protection from unfair dismissal

3.05  When a person is protected from unfair dismissal—high income threshold
 (1) For subparagraph 382(b)(iii) of the Act, this regulation explains how to work out amounts for the purpose of assessing whether the high income threshold applies in relation to the dismissal of a person at a particular time.
Note: Under section 382 of the Act, a person is protected from unfair dismissal if specified circumstances apply. One of the circumstances is that the sum of the person's annual rate of earnings, and such other amounts (if any) worked out in relation to the person in accordance with the regulations, is less than the high income threshold.

Piece rates
 (2) Subregulations (3), (4) and (5) apply if part or all of the person's income at the time of the dismissal is paid as piece rates that are:
 (a) set by reference to a quantifiable output or task; and
 (b) not paid as a rate set by reference to a period of time worked.
 (3) If the person was continuously employed by the employer and was not on leave without full pay at any time during the period of 12 months immediately before the dismissal, the total amount of piece rates paid or payable to the person in respect of the period of 12 months ending immediately before the dismissal is an amount for subparagraph 382(b)(iii) of the Act.
 (4) If the person was continuously employed by the employer and was on leave without full pay at any time during the period of 12 months immediately before the dismissal, the total of:
 (a) for the days during that period that the employee was not on leave without full pay—the actual piece rates received by the employee; and
 (b) for the days that the employee was on leave without full pay—an amount worked out using the formula:

is