This advice is for PSA members whose annual remuneration meets or exceeds the specified remuneration threshold (currently $200 000 but refer to section 67I(4) of the Act for the calculation used to know whether your annual income is at the specified remuneration threshold). There are complex calculations in the Act at section 67I in order to establish whether this specified remuneration threshold ($200K) applies to you. Remuneration includes all taxable payments made to you at work, not just salary or wages (it includes overtime, higher duties allowances, bonuses and allowances, etc). So, if you are earning close to $200K, this law may apply to you when all payments are added up. If you are unclear, we suggest you seek clarity from payroll and review this if you receive extra payments through the year.

From 21 February 2026 for new employees, and from 21 February 2027 for current employees, if there is no written agreement that this new provision does not apply to employees whose annual remuneration meets or exceeds the specified remuneration threshold there is:

• No right to raise a personal grievance for unjustified dismissal (or unjustified disadvantage if the disadvantage relates to the dismissal)
• No right to request reasons for dismissal
• No right to be consulted under s4(1A)(c) if the employer is proposing to make a decision which could end their employment (however contractual provisions will still apply).

If your annual income meets or exceeds the specified threshold what can you do?

Current employees - reach out to your organiser if this could be you

Under section 67J, the parties to an employment relationship can agree in writing that new sections 67I and 113A do not apply. Current employees have twelve months from 21 February 2026 to seek this agreement with their employer.

When we are bargaining, the PSA will seek to negotiate clauses in applicable collective agreements that new sections 67I and 113A do not apply.

The new law will apply in February 2027 if there is no agreement otherwise.

Individual members who are earning over $200K, who are on individual employment agreements or on a collective agreement which does not contract out of these provisions should seek support from their PSA organiser to attempt to negotiate a written agreement with their employer to protect them from this law change.

The start point will be reaching out to your employer (draft language below). If you choose to do this independently, please CC in your organiser and site delegate to ensure you are supported through the process.

Suggested Language

Dear Manager Name Here

I am emailing as my income is near or above the specified remuneration threshold as defined in the Employment Relations Act 2000, and this could prevent me from raising a personal grievance for unjustified dismissal or disadvantage.

On the basis that I had personal grievance rights when we entered into our employment relationship and consistent with ongoing good faith between us, I consider personal grievance rights should be retained in my terms and conditions of employment.

In accordance with s67J, I seek your written agreement that, as a term of my employment that sections 67I and 113A of the Employment Relations Act 2000 do not apply.

I look forward to your response.

New Employees – What you need to do

From 21 February 2026 the law will apply to all new employees, who earn over the specified remuneration threshold unless they negotiate an agreement in writing with their new employer that the laws do not apply.

If you are starting a new role and will earn over $200k we suggest you seek a written term in your agreement that:

The employer and the employee agree that sections 67I and 113A of the Employment Relations Act 2000 do not apply.

If you have any questions or want to talk through your options reach out to your most recent union organiser asap.