ACCI supports Mondelēz appeal

Mondelēz International has the full support of ACCI in its decision to seek to appeal a Federal Court ruling on the calculation of leave entitlements for employees working non-standard shifts (including shift workers, part time and job share employees).

The August 22 Federal Court decision in Mondelez v AMWU [2019] FCAFC 138 related to production workers at Cadbury’s chocolate factory in Tasmania, and how to interpret the word ‘day’ when calculating shift workers’ personal/carers’ leave entitlements.

ACCI CEO James Pearson said the decision has created a confusing interpretation of our industrial relations laws which is inconsistent with widespread and longstanding law and practice on leave.

“Australians have long had access to personal/carers’ leave entitlements based on an average of the ordinary hours they work, no matter the shift lengths they work,” Mr Pearson said.

“The decision as it currently stands will lead to unreasonable, unintended results, and create friction between employees due to substantial inconsistencies in leave entitlements.

As it stands now, the Mondelēz decision means those who work fewer, longer shifts are at an advantage compared to employees who work the same hours on a more standard basis. Someone who works three days per week could get substantially more leave than someone on five days per week.

Mr Pearson said it is in the public interest that the appeal be heard and the current Full Federal Court decision be reversed.

“Having the same personal/carers’ leave for people working the same number of hours is what a fair go looks like.”

“This is not a fair go – it’s not fair on employees, and it’s not fair on business – particularly people running small businesses.”

“It won’t be fair on employees who may see shifts that suit them replaced with shorter ones, and the loss of shift allowances and other benefits that come with longer rosters.

“It won’t be fair on part time employees, particularly parents and carers, if the incentive for employers will be to replace them with those willing and able to work full time.

“All of us should support the effort by Mondelez to put this right.”