Workplace Law: Closing Reforms Unravelled and Critical Issues Considered

There have been an absolute myriad of employment law reforms. Gain an overview of the of changes in workplace relations & safety laws stemming from the 'Closing Loopholes' reforms. Explore reforms including defining employees & independent contractors, addressing wage underpayment & superannuation theft, & new sexual discrimination regulations. Stay updated on industrial relations reforms to enterprise bargaining. Plus, delve into psychosocial hazards, ensuring Respect@Work compliance, conducting workplace investigations, and facilitating flexible working arrangements.

Tuesday, 25 June 2024
Early Bird Discount ends 10 May 2024 $556.50
10.55am to 11.40am Enterprise Bargaining Law Reforms: Intractable Bargaining and Trends of Fair Work Commission
  • Examine how recent reforms have broadened the powers of the Fair Work Commission
  • Intractable bargaining declarations: what are they and how they applied
  • What does this mean for employers?
  • Recent cases

Presented by Paul Brown, Partner, Baker McKenzie; Leading Employment Lawyers (Employer Representation), Doyle’s Guide 2023

Description

Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills

Session 1: Deep Dive into “Closing the Loopholes”, Sexual Harassment and Other Reforms

Chair: David Davies, Special Counsel, Thomson Geer

9.00am to 9.50am LEGISLATIVE OVERVIEW: ‘Closing Loopholes’: Analysing Implications of Key Reforms

Gain a high-level overview of key reforms to the Fair Work Act 2009 following the anticipated enactment of the ‘Closing Loopholes’ Bill and explore what are the expected implications of these reforms in the workplace. 
Presented by Nick Chadwick, Principal, Chadwick Workplace Law

9.50am to 10.40am The Moving Definitions of Employee and Independent Contractor
  • High Court decisions in Jamsek and CFMEU v Personnel Contracting
  • Impact of recent decisions and the changes proposed to s.15AA FW Act in the Closing Loopholes Bill
  • Status of extended definitions of employee in statutes (such as Superannuation Guarantee (Administration) Act 1992 legislation)
  • Concerns and likely future developments

Presented by David Taylor, Principal, Segelov Taylor Lawyers; Recommended Employment Lawyer (Employee & Trade Union Representation), Doyle’s Guide 2023

10.40am to 10.55am Morning Tea
11.40am to 12.25pm Underpayment of Wage Claims, Superannuation Theft and Set Off Clauses in the Employment Contract
  • How many employers can lawfully engage employees on ‘over-award’ salaries
  • New record keeping fines and how they interact with employees on annualised salaries
  • How to engage employees lawfully so as to minimise prospect of record keeping breaches
  • New award claims aiming to minimise the prospect of annualised salaries being in breach of the record keeping laws

Presented by Luis Izzo, Managing Director, Australian Business Lawyers & Advisors; Leading Employment Lawyers (Employer Representation), Doyle’s Guide 2023

2.00pm to 3.00pm Dealing with Workplace Psychosocial Hazards and Respect@Work: Compliance and Enforcement
  • Review: what were the legislative changes in 2023 and what’s in store for 2024?
  • Assess: understanding the legal and other risks associated with inappropriate workplace conduct
  • Manage: strategies to best manage organisational expectations for appropriate workplace behaviour at all levels
  • Control: how can psychosocial hazards be managed? Integrating WHS with HR and audit/risk functions

Presented by Christa Lenard, Partner, Kingston Reid; Leading Employment Lawyers (Employer Representation), Doyle’s Guide 2023

Professional Skills
3.00pm to 4.00pm Workplace Investigations: Sharing Common Pitfalls and Trends
  • Why and when to conduct a workplace investigation
  • Standards of proof
  • How to conduct a ‘trauma informed way’ and ‘person centred’ way investigation
  • Impact of the ‘Positive Duty’ guidelines on workplace investigations: expectations of the AHRC on businesses
  • Importance of procedural fairness
  • Confidentiality considerations
  • How to make a sound credibility assessment where there are no witnesses or lack of evidence
  • Common pitfalls and trends

Presented by Angela Seach, Associate Director, Worklogic and Cynthia Elachi, Special Counsel, Clayton Utz

4.00pm to 4.15pm Afternoon Tea
12.25pm to 1.15pm New Sexual Discrimination Regime
  • Examine the sexual discrimination
  • The sexual harassment and the stop sexual harassment jurisdictions
  • Navigate the reporting obligations
  • Explore non-disclosure agreements 

Presented by Ian Latham, Barrister, Denman Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2024

Session 2: Psychosocial Hazards, Investigations and Rights to a Flexible Workplace

Chair: Jennie Mansfield, Partner, Ashurst; Leading Employment Lawyers (Employer Representation), Doyle’s Guide 2023

4.15pm to 5.15pm Flexible Working: The Right to Request and Working from Home
  • Changes to the right to request flexible working arrangements
  • Anti-discrimination factors that impact flexible working arrangements
  • Working from home
  • Enforcing return to the office directives

Presented by Elizabeth Ticehurst, Principal, Activate Law

Presenters


Paul Brown, Partner, Baker McKenzie
Paul Brown has extensive experience in advising clients across a diverse range of international and domestic companies. His expertise covers employment law contracts, awards, negotiations and disputes with trade unions, anti-discrimination issues, outsourcing, and occupational health and safety-related matters. He represents clients in mediation hearings and regularly appears before the Australian Federal and State Industrial Tribunals, the Anti-Discrimination Tribunals, and the Conciliation and Industrial Commissions.


Ian Latham, Barrister, Denman Chambers
Ian Latham is a barrister at Denman Chambers specialising in employment and industrial law, particularly in the area of civil penalty. He has appeared in many civil penalty cases particularly ABCC v Parker (No 1) and (No 2), BKH Contractors Case (No 1) and (No 2) and FWO v ZNZ, FWO v A-Z and FWO v Robit Nominees. He writes for the Lexis Fair Work Act Service and the Lexis Industrial Relations Act (NSW) Service.


David Taylor, Principal, Segelov Taylor Lawyers
David Taylor is a principal at Segelov Taylor Lawyers, a newly established firm. Prior to establishing Segelov Taylor, David was for nine years a partner at Turner Freeman Lawyers, practising in employment and industrial law. He is an accredited specialist in employment and industrial law. David has acted in a wide variety of matters. Notable cases include:, " Stewart v QBE Insurance (Australia) Limited [2010] HCA 9. David acted for widow of a man who had died from mesothelioma. The case concerned who bore the onus is proving a limit of indemnity in a worker's compensation insurance policy in circumstances where the policy document had been lost. This ground-breaking case ensured that insurers could not rely on having lost an insurance policy to limit their obligations., " Keldote Pty Ltd & Ors v Riteway Transport Pty Ltd [2008] FMCA 1167. David acted for three truck drivers who sought review and amendment of their contracts pursuant to the Independent Contractors Act following the termination of the contractors by a principal. This was the first successful claim brought under that Act., " Between 2010 and 2012, David acted for the Qantas pilots' union, the Australian & International Pilots Association during the pilots first industrial action since 1966, during the grounding of the airline and the subsequent Workplace Determination Proceedings. The dispute involved a number of significant decisions interpreting the industrial act provisions of the Fair Work Act in the Federal Court and the Fair Work Commission., " Alexander v. Capello & anor [2013] FCCA 860 David acted for the applicant in successful sex harassment proceedings. In this significant case, proceedings were brought and maintained against the harasser and a Company director despite the employer company having been liquidated. In his new firm David plans to continue to act in a wide variety of employment, industrial matters along with other litigation.,


David Davies, Special Counsel, Thomson Geer
One of Australia's most prominent workplace relations and employment law specialists with more than 20 years experience, David is a recognised expert in his area and provides comprehensive workplace related advice to major employers across a range of industries including manufacturing, mining, financial services, government, health, aged care and retail. David has represented clients on some of the country's leading cases on bullying and harassment, termination of employment and industrial relations and advises on all aspects of employment law including the preparation of employment contracts, statutory compliance, modern award compliance and the negotiation and making of enterprise agreements. He assists Boards, CEOs, legal counsel, human resources and workers' compensation executives. David is able to get to the heart of employment issues quickly and advise people at all levels within organisations on the appropriate actions they should take. He considers the bigger picture and gives advice that's both practical and is designed to help his clients understand and manage both legal and reputational risk. David is a former lecturer in employment law at the University of Western Sydney and the University of Technology, Sydney. David has high level teaching and training credentials and conducts training on employment related matters.


Nick Chadwick, Principal, Chadwick Workplace Law
Nick Chadwick has practised in employment law and industrial relations since 1989. Nick's entrée into the world of industrial relations was at a time when disputation and strikes were frequent. He spent most of his time at the NSW Industrial Relations Commission or the Australian Industrial Relations Commission or in meetings with Unions. However, the landscape has changed. Nick has run a small employment law practice for the last 12 years, predominantly representing small to medium sized business in all facets of industrial relations and employment law. Nick’s practice covers all matters in connection with industrial and employment law. In relation to unfair dismissal, Nick has represented employers from the time that arbitrations occurred with very little notice before NSW State Commissioners at Xerox House on George Street. He has acted for respondents and applicants at first instance and on appeal before the Australian Industrial Relations Commission, Fair Work Australia and now the Fair Work Commission. He was initially troubled by “in person” proceedings being changed to “telephone” proceedings but like everybody understands that times change and efficiencies occur.


Christa Lenard, Partner, Kingston Reid
Christa Lenard is a workplace relations and employment partner with extensive experience in advising large and medium private sector companies as well as public sector departments and agencies at both Commonwealth and state level, on relevant employment and workplace issues. Christa provides day-to-day advice to clients across all operational workplace issues employer's face, and assists with the management of difficult workplace situations as they arise, whether that be allegations of discrimination or bullying and harassment, claims of adverse action, management of performance or disciplinary situations. Christa also assists clients in organisational restructures and transfer of business in both the private and public sector. She works closely with her clients to devise and implement industrial and employment strategies, including creating organisational change through enterprise bargaining, challenging union demands and communication and workforce participation. To this end, Christa has been forefront in assisting clients drive industry change, particularly through her work in the maritime industry. She is a keen advocate of the benefits of workplace training and development and presents regularly to clients on relevant employment and workplace matters.


Cynthia Elachi, Special Counsel, Clayton Utz
Cynthia brings holistic and commercially attuned experience across all aspects of employment law, ranging from strategic employment advice, unfair dismissal and adverse action claims, to defending large-scale employment-related litigation. Cynthia regularly undertakes the role of workplace investigator for clients, dealing with issues involving bullying, harassment, sexual harassment and intoxication at work. Cynthia's investigation experience is extensive and highly sought after, crossing a variety of industries including technology, entertainment and tertiary education. Cynthia often appears on behalf of major corporate clients across all jurisdictions including the NSW Supreme Court and the Federal Court of Australia on a variety of issues, such as restraint of trade matters and breach of contract cases. She works closely with her clients to promote positive workplace culture, assisting with drafting employment policies and conducting client workshops on a variety of topics including managing poor performance, termination of employment and providing EEO and bullying and harassment training. Cynthia is a keen speaker having presented a number of seminars and workshops on a variety of employment law issues. On account of her particular interest in workplace investigations, she has presented seminars and conducted all day training workshops on the fundamentals of workplace investigations for both clients and for external organisations.


Elizabeth Ticehurst, Principal, Activate Law
Elizabeth Ticehurst is an accredited specialist in Employment and Industrial Law and is an expert in the emerging area of whistleblowing. With two decades of experience working in the legal industry in the Asia Pacific Region, Elizabeth has first-hand knowledge of the complexities of managing a diverse workforce across several jurisdictions. Elizabeth is a sought-after speaker and trainer, and regularly presents at external conferences and seminars. In 2019 she was a “Special Counsel of the Year” finalist in the Lawyers Weekly Women in Law Awards. An expert in Whistleblowing Law, Elizabeth has a special interest in advising managers of in-house whistleblowing programs on both compliance and practical issues. She has conducted whistleblower response training for more than 50 groups, including Boards, executive teams and senior management in industries ranging from finance and banking to resources and retail.


Luis Izzo, Managing Director, Australian Business Lawyers & Advisors
Luis oversees ABLA's Sydney Workplace Relations practice and has over a decade’s experience practicing as a specialist employment and industrial relations lawyer acting for a broad range of employers across both the private and public sector. His advocacy experience in State and Federal Courts and Tribunals is extensive. In addition to achieving successful outcomes for clients as an advocate in numerous unfair dismissal and industrial dispute arbitrations, he acted as one of the lead employer advocates in the 2014/2015 Fair Work Commission Annual Leave Test Case as well as the highly publicised 2016/2017 Penalty Rates Test Case.


Angela Seach, Associate Director, Worklogic
Angela is an accomplished senior people and culture practitioner and business partner with a significant track record in successfully leading and driving outcomes in large, complex and geographically dispersed organisations. She has extensive experience in emergency management, transport, health and insurance industries. Through 20 years of experience working in-house in senior people and culture roles, across diverse industries, Angela understands the importance of being a true business partner, who appreciates the unique realities of a business and its culture. Angela is adept at bringing together her expertise and experience to provide practical and durable solutions.

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Workplace Law: Closing Reforms Unravelled and Critical Issues Considered

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Tuesday, 25 June 2024
9.00am to 5.15pm Australia/Sydney
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Tuesday, 25 June 2024
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Afternoon Session
Tuesday, 25 June 2024
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
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Venue
Cliftons - Margaret St, Level 13

Level 13, 60 Margaret Street, Sydney

Directions

Closest Train Stations: Wynyard (100m) and Martin Place (700m)

Closest Bus Interchange: Clarence Street (170m)

Ferries: Circular Quay (1.2km)

Parking Information

Parking not included with registration. Possible options:

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