Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29

HIGH COURT OF AUSTRALIA

KIEFEL CJ, GAGELER, NETTLE, GORDON AND EDELMAN JJ

Matter No M160/2019

MONDELEZ AUSTRALIA PTY LTD APPELLANT

AND

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS UNION (AMWU) & ORS RESPONDENTS

Matter No M165/2019

MINISTER FOR JOBS AND INDUSTRIAL RELATIONS APPELLANT

AND

AUTOMOTIVE, FOOD, METALS, ENGINEERING, PRINTING AND KINDRED INDUSTRIES UNION KNOWN AS THE AUSTRALIAN MANUFACTURING WORKERS UNION (AMWU) & ORS RESPONDENTS

Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union Minister for Jobs and Industrial Relations v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29 Date of Hearing: 7 July 2020 Date of Judgment: 13 August 2020 M160/2019 & M165/2019

ORDER

In each matter:

1. Appeal allowed.

2. Set aside order 1 made by the Full Court of the Federal Court of Australia on 21 August 2019 and in its place declare that:

"The expression '10 days' in s 96(1) of the Fair Work Act 2009 (Cth) means an amount of paid personal/carer's leave accruing for every year of service equivalent to an employee's ordinary hours of work in a week over a two-week (fortnightly) period, or 1/26 of the employee's ordinary hours of work in a year. A 'day' for the purposes of s 96(1) refers to a 'notional day', consisting of one‑tenth of the equivalent of an employee's ordinary hours of work in a two-week (fortnightly) period."

On appeal from the Federal Court of Australia

Representation

S J Wood QC with D Ternovski for the appellant in M160/2019 and the fourth respondent in M165/2019 (instructed by Ai Group Workplace Lawyers)

T M Howe QC with I M Sekler for the fourth respondent in M160/2019 and the appellant in M165/2019 (instructed by Australian Government Solicitor)