ACTU secretary Sally McManus has called for legislative changes to lock in 10 days paid personal leave each year for all employees regardless of hours worked, following a High Court decision today she claims blows a "massive" hole in the nation's defences against COVID-19.
A High Court majority has rejected union arguments that employees working longer than standard hours are entitled to use those hours as the basis for calculating their entitlement to 10 days paid personal/carer's leave for each year of service.
The Morrison Government has flagged potential legislative change as the full Federal Court's Rossato ruling sends "shockwaves" among employers, while an academic says it is untenable for casuals to receive both loading and leave entitlements.
Unions are calling on Qantas to permit sick workers to continue accessing paid personal leave entitlements while stood down due to the coronavirus, despite the Federal Court ruling today that it is not obliged to do so.
A Federal Court judge has promised today to rule swiftly on whether Qantas employees stood down due to the coronavirus pandemic can access paid personal (sick) leave, carers' leave and compassionate leave.
IR Minister Christian Porter and a major food manufacturer have told the High Court that sick and carers leave must be calculated on average hours, not calendar days, in their challenge to a decision claimed to potentially leave employers an extra $2 billion out of pocket each year.