NAT 047/20: Upcoming High Court proceedings: Personal/carer’s leave
and casual employment:

Two very important cases will shortly be considered by the High Court of Australia:

• The Mondelez v AMWU case concerns the quantum of personal/carer’s leave to which employees are entitled. The case will be heard by the High Court in Canberra on 7 and 8 July. In evidence filed in the case, Ai Group’s Chief Economist estimated that if the decision of the Full Federal Court is not overturned, the cost to employers will be more than $2 billion a year. Ai Group Workplace Lawyers are representing Mondelez International in the Court proceedings. The Federal Government is pursuing similar arguments to Mondelez in the case.
• The WorkPac v Rossato case concerns the meaning of a ‘casual employee’ under the Fair Work Act 2009. The case also concerns the ability of an employer to offset any casual loading paid to an employee, against any annual leave and other entitlements that the employee may have if deemed to be a permanent employee. On 17 June, WorkPac applied to the High Court for special leave to appeal the decision of the Full Federal Court in the case. The special leave application is supported by evidence from Ai Group’s Chief Economist who calculated that the potential cost of the decision to employers, if not overturned, would be more than $14 billion. The Federal Government has announced its intention to intervene in the case.