Michael Nightingale

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Pre-employment Representations likely to be conduct “in trade or commerce” for Australian Consumer Law claims

By Michael Nightingale on September 8, 2016 Posted in Asia Pacific, Australia

During negotiations with potential employees, employers should exercise significant caution in making representations as to the future economic performance of the employer and its impact upon the remuneration payable to the employee in their employment. Such pre-employment negotiations are likely to be held by Australian courts to be conduct “in trade or commerce” for the … Continue reading

Changes to the Fair Work Act come into force as a result of the Fair Work Amendment Act 2015

By Michael Nightingale on November 30, 2015 Posted in Asia Pacific, Australia

The Fair Work Amendment Act 2015 (Act) has become law with effect from 27 November 2015, following the granting of Royal Assent. On 13 October 2015, the Australian Senate passed a substantially amended version of the Fair Work Amendment Bill 2014, which had been originally passed by the House of Representatives. The Senate version of … Continue reading

Entitlements to redundancy pay for employees who consent to an internal transfer upon redundancy of their position

By Michael Nightingale on August 17, 2015 Posted in Asia Pacific, Australia

A recent decision of Judge Cameron of the Federal Circuit Court (the Court), in the matter of Fair Work Ombudsman v F.L. Press Pty Ltd & Anor[1] (FL Press), has highlighted a potential discrepancy between the approach of the Court and that of the Fair Work Commission (FWC) to redundancy pay entitlements under the National … Continue reading

Transfer of business provisions in numerous modern awards to be amended to fix NES inconsistencies

By Michael Nightingale on May 25, 2015 Posted in Asia Pacific, Australia

A Full Bench of the Fair Work Commission has ruled that provisions dealing with the transfer of employment and service for annual leave purposes which are contained in 11 Australian modern awards must be amended because the provisions are inconsistent with the National Employment Standards (NES) contained in the Fair Work Act 2009. The decision … Continue reading

Unfair dismissal applications lodged by telephone are not required to specify grounds or remedies

By Michael Nightingale on January 22, 2015 Posted in Asia Pacific, Australia

Employees are not required to specify the grounds for their claim or the remedies which they seek when they file an unfair dismissal claim with the Fair Work Commission by telephone, the Commission has ruled in a recent decision. The Fair Work Act 2009 requires an unfair dismissal application to be lodged within 21 days … Continue reading