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Australia Leading Case uncategorised

Mondelez Australia Pty Ltd v Automotive Food Metals Engineering Printing and Kindred Industries Union

(2020) 271 CLR 23
JurisdictionAustralia
CourtHigh Court of Australia
Year2020
StatusBinding authority

Summary

Under the Fair Work Act, 'ten days' of paid personal leave means ten notional days (based on ordinary hours), not ten shifts, regardless of shift length.

Key Principle

paid personal leave; meaning of '10 days' for shift workers; day means notional day not shift length

Area of Law

employment

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Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd (2022) 275 CLR 165

Employee/independent contractor characterisation is determined by the legal rights and obligations in the written contract, not the totality of the relationship.

ZG Operations Australia Pty Ltd v Jamsek (2022) 275 CLR 215

HCA confirmed that employee/contractor distinction is determined by contractual terms alone, rejecting the multi-factorial totality-of-relationship test.

WorkPac Pty Ltd v Rossato (2021) 271 CLR 456

A casual employee's status is determined by the contractual terms at engagement; regularity of work pattern does not transform casual employment into permanent employment.

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