Mondelez Update

In our November 2019 blog, we outlined the Full Court of the Federal Court of Australia’s decision on what amounted to a ‘day’ for paid personal/carer’s leave under section 96(1) of the Fair Work Act 2009 (Cth) (the FW Act).

The Federal Court of Australia Decision

The case concerned two employees who worked their contracted 36 hours per week over three 12-hour days. Other employees worked their 36 hours over five days, working 7.2 hours per day. Under the Mondelez Australia Pty Ltd, Claremont Operations (Confectioners & Stores) Enterprise Bargaining Agreement 2017 (the Enterprise Agreement), employees who worked 12-hour shifts were allowed 96 hours per year of paid personal/carer’s leave. This was compared to employees who worked 7.2-hour days and were allowed 80 hours per year of paid personal/carer’s leave.