Australian Government signals intention to appeal Full Federal Court decision on calculation of paid personal/carer’s leave
On 16 September, the Australian Government announced its intention to seek leave in the High Court to appeal the landmark Full Federal Court decision in Mondelez v AMWU . The Morrison Government slammed the Court’s decision which it says sparks “confusion and uncertainty” around the way sick and carers’ leave entitlements should be calculated. The decision in Mondelez in August confirmed that the proper construction of the statement in s 96(1) Fair Work Act 2009 (Cth) that “ for each year of service … an employee is entitled to 10 days of paid personal/carer’s leave” is that the word ‘day’ refers to a portion of a 24-hour period which is allotted to work. This construction was preferred over a calculation based on an employee’s daily ordinary hours averaged over a five day week. The effect of the decision is that for a 36 hour work week, for example, some employees get the equivalent of 120 hours a year paid personal/...