New Express law delves into accumulation of paid personal/carer's leave
The latest edition of Express law expands on 2 recent cases which refer to a recent High Court decision to overturn a judgment of the Full Bench of the Federal Court, and restore the common industrial understanding of how paid personal/carer’s leave accumulates.
Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Known as the Australian Manufacturing Workers Union (AMWU); Minister for Jobs and Industrial Relations v AMWU [2020] HCA 29.
The High Court has overturned a judgment of the Full Bench of the Federal Court and restored the common industrial understanding of how paid personal/carer's leave accumulates. Although the case concerned the meaning of an apparently prosaic expression in s 96 of the Fair Work Act 2009 (FW Act), the proper construction of the expression required examination of many principles of statutory construction. Significant issues of industrial fairness, and billions of dollars in accrued and ongoing liabilities/entitlements, turned on the outcome.
To explore these matters more closely, you can read the full version of Express law.