In August 2020, the High Court of Australia handed down a landmark decision in Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29. This overturned the earlier Full Federal interpretation and clarified how paid personal (carer’s) leave should be accrued under the Fair Work Act 2009
Key Points of the Ruling
- 10 Notional Days Per Year
- Days, Not Hours
- Part-Time Employees
- Employer Impact
Why the Ruling Matters
This decision provides clarity and consistency for both employers and employees:
- For Employers: It ensures payroll systems remain compliant without costly adjustments.
- For Employees: It guarantees fair access to personal leave, proportionate to their working hours.
- For HR & Legal Teams: It resolves years of uncertainty following the contentious Full Federal Court ruling.
The High Court overturned Mondelez v AMWU [2020] HCA 29, confirming employees receive 10 ‘notional days’ of personal leave based on ordinary hours. Leave must be accrued by days, not average hours—a ruling welcomed by employers as it aligns with payroll systems.
The judgment confirms part-time employees receive 10 ‘notional days’ of personal leave, with hours calculated pro-rata based on their fortnightly workload
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Source: Fairwork
Title: High Court decision: accrual of personal/carer’s leave
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