Calculating employee entitlements can be complex and demanding
at the best of times, however the decision of the Full Court of the
Federal Court in Mondelez v Automotive, Food, Metals,
Engineering, Printing and Kindred Industries Union known as the
Australian Manufacturers Workers Union (AMWU) [2019] FCAFC 138
will, unless disturbed, add a further dimension to this task.
In Mondelez the Full Bench reviewed an Enterprise
Agreement that related to the operations of Mondelez, a food
manufacturer which has, amongst other things, a Cadbury plant at
Claremont in Tasmania.
Under particular scrutiny was whether or not the Agreement's
terms with respect to personal/carer's leave were inconsistent
with the way in which such leave is dealt with under the Fair
Work Act (Act). This required an analysis of
the Act in relation to the accumulation and payment of (paid)
personal/carer's leave.
