Section 96 of the Fair Work Act provides that an employee is
entitled to 10 days of paid personal/carer's leave. You would
imagine that this would be straightforward. After all, we all know
what a day means.
In the modern industrial world, the answer is less clear.
Traditionally, many workers work 7.6 hour a day. Calculation of
their entitlements is relatively straightforward. Modern shift
patterns have created challenges. Some worker's work a 12 hour
shift.
The Full Federal Court recently considered the case of Mondelez
Australia Pty Ltd and the AMWU. The case focused on workers at the
Cadbury chocolate factory in Tasmania. Two of those workers Brendan
McCormack and Natasha Triffitt worked 12 hour shifts and normally
36 hours per week. They argued that the 10 days of personal leave
should be paid at 12 hours a day. Effectively they argued that they
are entitled to 120 hours of paid personal/carers leave a year.
