Wardman v Macquarie Bank Limited

(2023) 322 IR 278; [2023] FCAFC 13

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Interrogate

Catchwords

1. Industrial Law
1. appeals and cross-appeals from five related decisions of the Federal Circuit Court of Australia in proceedings brought by former employees of Macquarie Bank Ltd (Bank)
1. where employees were remunerated by commission and a fixed monthly Basic Cost Responsibility (BCR) payment
1. where BCR included a fixed monthly payment to each employees

Quick Take

Employers using commission-based remuneration structures with BCR-type advance payments must ensure the contractual characterisation of those payments aligns with the award obligations they seek to discharge; payments characterised as advances on commission cannot discharge time-based award wage obligations.