Wine Industry support for personal leave case appeal

Tuesday, Sep 24, 2019

The South Australian Wine Industry Association (SAWIA) fully supports the decision by Mondelēz International to seek a High Court appeal of a Full Federal court decision on the calculation of personal leave entitlements for employees working non-standard working days, including shiftworkers and part-time employees.

The decision has applied an interpretation of the law which goes against the traditional and widespread understanding of the entitlement to personal leave, resulting significant in confusion and uncertainty.

The appeal will assist in gaining important clarity for employers and employees.


The Full Federal Court decision in Mondelez v AMWU [2019] related to how the 10 day entitlement to personal leave applied when employees worked 12 ordinary hours per day, but worked an average of less than 5 days per week.

The decision has resulted in employees working less than 5 days per week being entitled to more than 2 of their working weeks of paid personal leave per year.

Another consequence is that employees working more than 7.6 ordinary hours on at least some work days, now can be entitled to receive more than 76 hours of paid personal leave per year.