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In September 2019, the government applied to the High Court for special leave to appeal the landmark Full Federal Court ruling in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2019] FCAFC 138 (“Mondelez Decision”) regarding personal/carer’s leave. The High Court has now granted special leave to appeal.

In a ruling made on 13 December 2019,1 the High Court granted special leave to appeal the Mondelez Decision. It is expected that the parties will lodge written material in the earlier part of 2020 as per the indicative dates listed on the High Court’s website.2

An outcome will likely be known no sooner than the latter part of 2020.

In the meantime, the Mondelez Decision stands as the current law. For our previous notes on the case and its implications, see EMA Note Issue 10, 2019, EMA Note Issue 12, 2019 and EMA note Issue 14, 2019.

If you are unsure about what to do, we recommend that you seek advice about your specific circumstances.

Require further information/assistance?
  If you require further information or advice, please contact one of our consultants.


1 Mondelez Australia Pty Ltd; Minister for Jobs and Industrial Relations v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) & Ors [2019] HCATrans 250 (13 December 2019);
http://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCATrans/2019/250.html.
2 https://www.hcourt.gov.au/cases/case_m160-2019

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