On 13 August 2020, the High Court handed down a decision regarding accruing and taking paid personal/carer’s leave, overturning the previous Mondelez Australia Pty Ltd v AMWU & Ors  HCA 29 decision. This decision surrounds the method in which personal/carer’s leave can be accrued and taken under the National Employment Standards. The Fair Work Information Statement has been updated to reflect this. If you’d like to learn more about the decision, you can find out information here.
The Fair Work Information Statement (FWIS): What is it?
The Fair Work Information Statement is a statement that provides employees with the necessary conditions of their employment set out by the Fair Work Act and National Employment Standards (NES). According to the Fair Work Act, all employees must receive this statement at the commencement of their employment with a company. The FWIS outlines:
- National Employment Standards
- Information on flexible working arrangements
- Modern awards
- Information on the Fair Work Act
- Workplace rights
- Termination of employment
- Fair Work Ombudsman
- Fair Work Commission
What does the change mean?
The High Court found that the entitlement under the National Employment Standards to receive 10 days personal/carer’s leave per year is to be calculated on the number of ordinary hours an employee works, not the number of days they work. 10 days of personal/carer’s leave equates to 1/26 of an employee’s ordinary hours of work per year. You can view the full changes to the statement on the Fair Work website here.
How is this different from before?
This decision overturns the ruling of Mondelez Australia Pty Ltd v AMWU & Ors  HCA 29 that was made in August 2019 by the Federal Court. The previous decision found that employees would receive 10 days of personal/carer’s leave per year, irrespective of whether they were employed part-time or full time. This meant that a part-time employee was entitled to the same amount of personal/carer’s leave (10 days per year) whether they were working 1 day or 5 days per week. If you need more information or advice on your specific circumstances, please get in touch with Employment Innovations.