Wardman and Ors v Macquarie Bank Limited and Briody and Ors v Macquarie Bank Limited

The applicants, former employees of Macquarie Bank Limited, brought proceedings against their former employer seeking various remedies under industrial law. The dispute concerned whether the applicants had been paid their minimum rates of pay, annual leave loading, and entitlements for personal/carer's leave, compassionate leave, and public holidays. A central issue was whether deeds of release executed by some applicants upon cessation of employment precluded them from pursuing these claims.

The court was required to determine several legal issues. These included whether the remuneration received by the applicants satisfied their entitlements to minimum rates of pay under clause 13.1(a) of the Banking, Finance and Insurance Award 2010, and whether payments made during periods of annual leave, personal/carer's leave, compassionate leave, and public holidays met the requirements of the Fair Work Act 2009 (Cth) and the Award. The court also had to consider the validity and effect of the deeds of release, and whether the respondent was entitled to set off payments already made against any proven entitlements.

The court found that Macquarie Bank Limited had made payments satisfying the entitlement to minimum rates of pay under clause 13.1(a) of the Award and was entitled to set off normal salary payments against these. However, the deeds of release were found to be ineffective in precluding the applicants' claims. Contraventions of clause 24.3(a) of the Award concerning annual leave loading, both for leave taken and untaken leave at termination, were made out, as were contraventions of the National Employment Standards relating to personal/carer's leave, compassionate leave, and public holidays. Consequently, declarations were made, and compensation orders were issued in favour of the applicants.