Full Court Minute Books

Case M160/2019

Mondelez Australia Pty Ltd v. AMWU & Ors
Minister for Jobs and Industrial Relations v. AMWU & Ors

Case No.

M160/2019 and M165/2019

Case Information

Lower Court Judgment

21/08/2019 Federal Court of Australia (Bromberg J, Rangiah J, O'Callaghan J)

[2019] FCAFC 138


Employment law – Where Mondelez operates food manufacturing plants – Where certain employees work in 12-hour shifts – Where entitlement to paid personal/carer’s leave under Enterprise Agreement – Where Mondelez deducts 12 hours from accrued paid personal/carer’s leave balance when such leave taken for single 12-hour shift – Whether majority of Full Court erred by holding that "day" in s 96(1) of Fair Work Act 2009 (Cth) means "the portion of a 24 hour period that would otherwise be allotted to work" rather than an average working day calculated as employee’s average daily ordinary hours of work based on standard five-day working week – Whether Full Court erred in construing s 96(1) as entitling national system employees (other than casuals) to paid personal/carer's leave equivalent to 10 ‘working’ days (of whatever duration would have been worked on day in question) per year of service.

Short Particulars


13/12/2019 Hearing (SLA, Canberra v/link Melbourne)

18/12/2019 Notice of appeal (Mondelez Australia Pty Ltd)

23/12/2019 Notice of appeal (Minister for Jobs and Industrial Relations)

31/01/2020 Written submissions (Appellant - M160/2019)

31/01/2020 Chronology (Appellant - M160/2019)

31/01/2020 Written submissions (Appellant - M165/2019)

31/01/2020 Chronology (Appellant - M165/2019)

24/02/2020 Written submissions (Fourth respondent - M160/2019)

27/02/2020 Written submissions (Fourth respondent  - M165/2019)

28/02/2020 Written submissions (First to Third respondents - M160/2019 and M165/2019)

18/03/2020 Reply (Appellant - M165/2019)

20/03/2020 Reply (Appellant - M160/2019)

07/07/2020 Hearing (Full Court)

07/07/2020 Outline of oral argument (Appellant - M160/2019)

07/07/2020 Outline of oral argument (Appellant - M165/2019)

07/07/2020 Outline of oral argument (First to Third respondents - M160/2019 and M165/2019)

13/08/2020 Judgment (Judgment summary)