The Government has intervened following the significant ruling in Mondelez as to how personal/carer’s leave is calculated.  Click on the article for a further update on the recent changes.

Further to our update in late August 2019 regarding changes to how personal/carer’s leave is calculated following the landmark decision made by the Full Federal Court in Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138, we promised to keep you informed and there have now been some developments.

The Government has intervened and is set to seek leave to file an appeal against the decision in the High Court of Australia today.  It is understood that Mondelez Australia Pty Ltd is also seeking leave to appeal.  The appeal is very much welcomed by many employers as the recent decision has caused confusion and uncertainty around the way employers should be calculating personal/carer’s leave entitlements.

Following the recent decision, the Fair Work Ombudsman initially refused to provide any advice as to how personal/carer’s leave should be calculated however, they have recently confirmed their position, in keeping with the recent decision, that full-time, part-time employees and shiftworkers are entitled to 10 working days of paid personal/carer’s leave for each year of employment.  Accordingly, the Fair Work Ombudsman has affirmed that personal/carer’s leave accrues as working days, not based on ordinary hours, and is to be taken as full days or part days.

It is anticipated that further changes will be made to the law so keep an eye out for further updates.

In case you missed our previous update, we have linked it again for a more comprehensive summary of the recent decision.

The content of this article is intended to provide a general guide to the subject matter.  Specialist advice should be sought about your specific circumstances.

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