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.
