Members may recall that in 2019, LASA provided information in regards to the ‘Mondelez’ Decision which dealt with the method of accruing and taking paid personal/carer’s leave for the purposes of the National Employment Standards under the Fair Work Act 2009. Put simply, the Decision:

  1. Gave 10 days of personal/carer’s leave to both full time and part time employees; and
  2. Defined a “day” of such leave to be however many hours that the employee would have worked that day had they not been absent due for a reason covered by personal/carer’s leave.

The update is that in December 2019 the High Court of Australia granted Mondelez International and the Federal Government special leave to appeal this controversial Decision by the Federal Court. The Appeal is expected to be heard in early 2020 and LASA will continue to keep members updated as the case progresses.

In the meantime, the Mondelez Decision will impact on the determination of the accrual of personal/carer’s leave for full time and part time employees. If your organisation has concerns regarding the current accrual of the entitlement of full time and part time employees to personal/carer’s leave, please call the LASA Employment Relations on 1300 111 636 for assistance.