Stephen Smith of Ai Group Workplace Lawyers along with barristers Stuart Wood QC and Dimitri Ternovki are representing Mondelez Australia Pty Ltd in its upcoming appeal to the High Court regarding paid personal/carer’s leave.

The case is considering the meaning of the expression “10 days of paid personal/carer’s leave” in section 96 of the Fair Work Act 2009 (Cth), as it relates to 12-hour shift workers at the Mondelēz International plant in Claremont, Tasmania. The case is important as it considers the application for approval of the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Agreement 2017) by the Fair Work Commission. The case considers the interpretation of the National Employment Standards (NES) regarding 12 hour shift workers and whether they will be entitled to personal leave based on ten 12 hour days per year.

The enterprise agreement states that the 12-hour shift workers at the Claremont Plant, where Cadbury chocolate is manufactured, are entitled to 96 hours of personal/carer’s leave per year. This is a lot more generous than the 76 hours that full-time employees would generally be entitled to under the Fair Work Act 2009 (Cth), if the Act is interpreted in the manner that aligns with widespread industry practice.

The matter has been listed to be heard on 7 July 2020.

If you would like more information about the entitlements to personal/carer’s leave, please contact Ai Group’s Workplace Advice Service on 1300 55 66 77.

Alternatively, if you would like advice about managing employees’ personal/carer’s leave entitlements, or drafting such entitlements into your enterprise agreement, policies or employment contracts, please contact your local employment, workplace and industrial lawyer in Sydney, Newcastle, Wollongong, Melbourne or Brisbane or email Ai Group Workplace Lawyers at Ai Group Workplace Lawyers here

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