13 Aug 2020 | Media Release
Today the High Court has issued its first decision on the Fair Work Act National Employment Standards since introduced more than 10 years ago, offering welcome relief to businesses around the country by reinstating long-standing law and practice when it comes to calculating leave entitlements for employees.
In overturning last year’s decision by the Federal Court in Mondelez v AMWU, the High Court has recognised that a fair go for all workers means sick leave is based on a working week of 38 hours – no matter how many days or shifts it is worked across.
As the High Court recognised in dispensing with the ‘working day’ approach which would have seen some part-time and shift workers granted access to the same or even more hours of personal leave each year than their full time employee counterparts, such an outcome would have given rise to “absurd results and inequitable outcomes and would be contrary to the legislative purposes of fairness and flexibility”.
“People who work the same amount of hours a week, whether they are full-time, part-time or a shift worker should get the same amount of sick leave – that’s just common sense,” ACCI CEO James Pearson said.
“Employers faced the grim prospect of scrambling to pay extra money following the precedent set by the Federal Court which reversed long standing industry practice and the operation of payroll system utilised by hundreds of thousands of businesses around the country. It didn’t pass the pub test and we’re relieved the High Court has overturned it.
“Let’s not forget who would have been punished had the High Court upheld the decision – people in small businesses who are already on their knees, just trying to do their best to stay open and survive during the current Covid crisis.
“Today decision is also a win for flexible workers with variable hours, including those working part time and parents returning from parental leave as last years’ decision would have served as a major obstacle to family friendly working arrangements and young people seeking flexibility to balance work and study.”
1/03/2021
An ACTU and COSBOA flexible part-time employment proposal for the General Retail Award is poorly drafted, will add more red tape and risks exposing business...
10/02/2021
Labor's IR plan would cut job opportunities Labor’s industrial relations plan fails to recognise how jobs are created and what Australia needs to retain jobs and...
5/02/2021
The foremost network of business groups from the Asia Pacific has commissioned renowned macroeconomist Dr Andrew Stoeckel to author a study on resurrecting the world trading system. The...
1/02/2021
ACCI calls on unions to withdraw their latest advertising campaign opposing industrial relations reform, and to rethink their messages trivialising road safety, violence and genuine tragedies...
29/01/2021
The Australian Chamber of Commerce & Industry has submitted a proposal to the Federal Government this week for a new financial support mechanism for businesses...
21/01/2021
The Australian Bureau of Statistics' latest employment figures indicate that Australia is on track for economic recovery, with total employment now just 93,000 jobs shy of...
13/01/2021
International Chamber of Commerce Australia is pleased to announce its thirteen nominees to the international body which arbitrates foreign commercial trade disputes. Joining the nine continuing Australian members...
22/12/2020
Australian Chamber of Commerce and Industry (ACCI) President Ray Sputore today announced the resignation of CEO James Pearson from the nation’s largest and most representative...
15/12/2020
Australian manufacturing production is at its highest level this year with industry jobs expected to...
14/12/2020
The business collective behind a quarantine-free two-way travel bubble between Australia and New Zealand look forward to the initiative commencing early in the New Year, following approval...
9/12/2020
Members of Parliament must lay down their swords and agree to fix some key problems in Australia's IR system if we are to save and create...
9/12/2020
Enterprise Bargaining Agreement changes foreshadowed in today's industrial relations Omnibus Bill are critically important to supporting jobs and businesses in distress, but more will need to...
8/12/2020
Simplifying modern awards and providing employers and employees with more flexibility will help achieve the common goal of saving and creating Australian jobs as we...
8/12/2020
With many business owners at breaking point in 2020, criminalising underpayments and increasing civil penalties for non-compliance risks tipping the scale against people in small...
7/12/2020
Federal Parliament needs to send a message this week to encourage employers to create jobs and hire casuals by dispelling concerns around double dipping claims and the...
2/12/2020
More than a million Australians would stand to lose a quarter of their income and freedom to choose how they work in a radical push to...
27/11/2020
Business organisations from Australia and New Zealand have teamed up to deliver an updated travel bubble plan between the countries in the hopes of uniting...
26/11/2020
Australian businesses have been thrown a lifeline today in the fight against double-dipping claims, following the High Court's decision to grant special leave to Workpac and...
24/11/2020
Labor leaders and the union movement are trying to redefine casual work, putting Australia’s small businesses and jobs at risk. Today the Victorian Government announced it will...
20/11/2020
ACCI is urging state and territory leaders across Australia to immediately drop border and travel restrictions on South Australian people, after an infected pizza worker...