There has been much talk about the particular challenges that Generation Y employees bring to the workplace. Gen Y – the 4.5 million Australians born between 1978 and 1994 - is the second largest Australian generation and already constitute a significant force in the workplace.
General Employment: Misleading and deceptive conduct by employer in not disclosing their true financial position to prospective employee
A recent decision of the Federal Court has highlighted the need for employers to use caution when making representations to prospective employees.
Employer’s positive duty not to mislead or deceive potential employees
In a recent decision before the Federal Court of Australia, the Court considered the significance of representations made by employers, or directors on behalf of employers relative to inducements made to potential employees and consultants, to enter into a contract of service with the employer.
A recent decision of the Western Australian Supreme Court has examined the application of the implied term of good faith and trust and confidence in employment contracts. Justice Stephen Hall reviewed the Australian and English authorities and confirmed that the cases establish that an employment contract will generally include an implied term of good faith and confidence. Such a term applies to conduct during the currency of the employment, but does not apply to dismissal or the manner of dismissal.
It is essential that the technical requirements for enterprise agreements set out in the Fair Work Act 2009 are met as a recent decision of Fair Work Australia (FWA) illustrates (see  FWA 1769).
Applications for approval of a number of single-enterprise agreements were made by the bargaining representative for the relevant employers. All of the applications were rejected because they failed the “no disadvantage test” and concern was expressed that the statutory declarations supporting the applications were not properly witnessed and were “misleading”.
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