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Mondelez Decision & what it means for you...Plus, are you ready for JobKeeper to end?


The High Court has handed down a decision in the Mondelez appeal case, clarifying that the entitlement of personal / carer’s leave is calculated on an employee’s ordinary hours of work, not working days. This overturned the Federal Court’s decision back in August 2019 and effectively means that personal / carer’s leave is to be treated the same as it always has been.

What this means for you?

  • the entitlement to 10 days of personal/carer’s leave under the National Employment Standards (NES) is calculated based on an employee’s ordinary hours of work, not working days

  • 10 days of personal/carer’s leave can be calculated as 1/26 of an employee’s ordinary hours of work in a year

  • The Fair Work Information statement has been updated and the new version must be provided to all new employees.

The new statement can be found here Fair Work Information Statement


The Job Keeper scheme will end for some businesses on 27 September 2020. Once the employer is no longer part of the JobKeeper scheme, the JobKeeper provisions (such as JobKeeper enabling directions) will no longer apply. It will be important to prepare for this transition to understand the potential workload and your organisational capacity.

You should consider how changes to cashflow could affect the workforce in terms of restructures and redundancies. There is no obligation for employers to inform employees of the end to the JobKeeper scheme itself. However other obligations will apply if there are changes to an employees’ employment. We are able to assist you with following the correct procedures during this process if you require support.

For those businesses continuing with the JobKeeper scheme after 27 September 2020 we have included a fact sheet here as a reminder of the provisions set out in the Fair Work Act.

If you would like specific advice and assistance to manage this within your workplace, please contact your primary consultant (Jarrad, Amelia or Anne) or get in touch with Fiona on or 0478 207 884 and she will put you in contact with one of our team.

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