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Australia Leading Case uncategorised

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

(2020) 271 CLR 495
JurisdictionAustralia
CourtHigh Court of Australia
Year2020
StatusBinding authority

Summary

Under the Fair Work Act, 10 days personal/carer's leave entitlement is calculated by reference to a notional day (one-tenth of ordinary hours per fortnight), not actual shift length.

Key Principle

personal leave under Fair Work Act; meaning of day for shift workers; 10 days personal leave calculated by reference to notional day

Area of Law

employment

Related Cases

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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