NAT 018/19: Application to High Court for special leave to appeal the Federal Court’s personal/carer’s leave decision:
On behalf of Mondelez, on 17 September Ai Group Workplace Lawyers filed an application in the High Court of Australia for special leave to appeal the decision of the Full Court of the Federal Court in the Mondelez v AMWU case. The case concerns the quantum of personal/carer’s leave that an employee is entitled to under the Fair Work Act 2009.
The Australian Government has also filed an application for special leave to appeal the Federal Court’s decision. Ai Group estimates that the Federal Court’s decision, if it stands, would impose more than $2 billion a year of additional costs on employers. The decision is inconsistent with widespread industry practice.