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Federal Court decision redefines “work day” and may impact personal/carer’s leave

19 September 2019

The Australian Government and Mondelez Australia Pty Ltd have applied to the High Court to appeal the decision of the Federal Court. The Fair Work Ombudsman has advised that it will review its advice at the conclusion of these proceedings. In light of the pending appeal, Attaché continues to recommend that you seek legal advice if you feel you are severely and immediately impacted. 

As well as the court's decision and the Fair Work notification listed below, you may wish to read the Sick & carer's leave section of the Fair Work website. You may also be interested to read articles about the situation in the Sydney Morning Herald and the Financial Review.


27 August 2019

We are aware of the 21 August 2019 decision of the Federal Court of Australia in Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138.

The decision revolves around defining a “work day” and thus 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. 

For the moment we are waiting on Fair Work Australia to formally update its advice. If you feel you are severely and immediately impacted by this decision, we recommend you speak to your legal advisor.

We will continue to monitor and liaise with Fair Work and will advise Attaché Payroll users if changes to your setups and payroll processing are required.

For more information about the decision and its impact:


REF: 270819