Mondelez (Cadbury) prepares to fight Federal Full Court decision

19 December 2019

The decision of Mondelez v AMWU [2019] FCAFC 138 was reviewed and summarised by Paul Dugan and Kylie Dunn in August, shortly after the Federal Full Court handed down its decision about the manner of calculating personal/carer’s leave entitlements.  The Full Court held that personal/carer’s leave depends on an employee’s actual working hours, and not a ‘standard’ 38 hour working week.

Their original summary can be viewed here.

It was announced earlier this week that the High Court has granted Mondelez Australia Pty Ltd, and the Minister for Jobs and Industrial Relations, special leave to appeal the Full Federal Court decision.

It is expected that the appeal will be heard in 2020.  The outcome of the appeal may have ramifications for employers who employ staff on non-typical rosters.

This article provides general comments only. It does not purport to be legal advice. Before acting on the basis of any material contained in this article, we recommend that you seek professional advice.



Paul Dugan, Principal in our Disputes Team

Direct Telephone:  +61 8 8210 2266


Kylie Dunn, Senior Associate in our Disputes Team

Direct Telephone:  +61 8 8210 2286