Employment Law Symposium

Join subject matter experts for a thorough examination practical impact of the major reforms to employment law you need to come to grips with in 2025. Gain the analysis that you need to excel in your role relating to legislative changes, closing loopholes’, ‘secure jobs better pay, recent changes to modern awards including the right to disconnect and the challenges of managing mental health in termination scenariosGain an expert view on the ever-evolving law of independent contractors and developments in WHS law that all workplace lawyers need to understand.

Tuesday, 18 March 2025
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Independent Contractors

 

  • Examine the impacts of the new definition of ‘employment’ in the August 2024 amendments to the Fair Work Act 2009 that expands the jurisdiction of the Fair Work Commission to include powers in relation to ‘unfair contracts’ of independent contractors
  • Understand the implications of not correctly categorising workers and not ensuring fair contractual relationships when engaging independent contractors
  • Independent contractors and the gig economy
  • Exploration of the issues through case studies 

Presented by Elizabeth Devine, Principal, Devine Law; Accredited Specialist in Employment and Industrial Law

12.15pm to 1.15pm Recent Changes to Modern Awards Including the Right to Disconnect: Key Takeaways

 

  • The right to disconnect term
  • Major cases (as relevant once we get to March): re Junior Rates (Junior rates application (AM2024/24); re increase to lowest award rates, effective 1 Jan 25 (Review of C14 and C13 rates in modern awards) 

Presented by Alina Kaye, Partner, The Workplace Employment Lawyers

Session 2: Termination and Mental Health, AI in the Employment Relationship, Investigations and WHS Update

Chair: Kiri Jervis, Partner, Hamilton Locke; Legal 500 – Next Generation Partner – Labour and Employment/Workplace Health and Safety

2.45pm to 3.30pm Managing Mental Health Issues in Termination Situations

 

  • Dealing with prolonged absence from work and medical incapacity
  • Duty of care  

Presented by Joe Murphy, Director, Cowell Clarke Commercial Lawyers; Accredited Specialist in Employment Relations; Best Lawyers 2025, Labour, and Employment Law 

4.30pm to 5.15pm Key Developments in Work Health & Safety

 

  • Defences to WHS prosecutions
  • Alternatives to fines for WHS contraventions
  • Section 10 Crimes (Sentencing Procedure) Act 1999
  • Delayed sentencing 
  • The new industrial manslaughter legislation in NSW and other jurisdictions
  • Case update  

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

Description

Attend and earn 7 CPD units in Substantive Law  
This program is applicable to practitioners from all States & Territories

Session 1: Legislative Reform and Case Law Roundup

Chair: John Fernon SC, PG Hely Chambers; Recommended Employment Law Senior Counsel, Doyle’s Guide 2024

9.00am to 10.00am Wage Theft: Definitions & Developments

 

  • What is wage theft?
  • Legislative responses
  • Relevant case law
  • Further changes 

Presented by Glenn Fredericks, Barrister, State Chambers, Doyle’s Recommended Employment Barristers 2024

10.00am to 11.00am “Closing Loopholes” One Year On and “Secure Jobs Better Pay” Two Years On

 

  • Examine the practical impact of the changes introduced by the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022 and the Fair Work Legislation Amendment (Closing Loopholes) Acts 2023 and 2024 

Presented by Brett Feltham, Consultant, King & Wood Mallesons; Co-Chair of the Law Society of NSW’s Employment Law Committee, Law Society of NSW Accredited Specialists in Employment and Industrial Relations Law

2.00pm to 2.45pm The Rise of the Machines: the Risks of AI in the Employment Relationship

 

  • What is AI and how is it being used by employers?
  • Risks of AI in employment related decision-making
  • Future trends
  • Takeaways for employers 

Presented by Shivchand Jhinku, Partner, Herbert Smith Freehills

3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Workplace Investigations: The New Norm?

 

  • The greater importance of workplace investigations and cultural reviews in 2025 and beyond
  • Senior executives behaving badly and the role of investigations
  • How are whistleblowing investigations different
  • Key traps to watch out for in conducting workplace investigations 

Presented by Lucienne Gleeson, Partner, Baker McKenzie 

Presenters


John Fernon SC, PG Hely Chambers
John is an experienced counsel who has advised and appeared across many areas of the law and is a leading expert in Employment and Industrial law. Since 2012, he has been recognised each year in the annual Doyles Guide as "Pre-eminent", "Leading" or "Recommended" Senior Counsel in both Employment Law and Work, Health & Safety in NSW and/or Australia along with ongoing recognition by his peers in the AFR Best Lawyers guide. With more than 30 years’ experience at the Bar and 17 years as Senior Counsel, John maintains a solid practice and regularly appears for a broad spectrum of clients across a range of Federal and State jurisdictions, including industrial tribunals. He has represented clients involving commercial, equity and administrative law disputes, as well as claims made under contracts of employment and the the Fair Work Act 2009 (Cth), workplace safety and common law claims for both plaintiffs and defendants in the Dust Diseases Tribunal.


Glenn Fredericks, Barrister, State Chambers
Glenn is a barrister in State Chambers and is an experienced corporate and employment lawyer. He appears in many jurisdictions including the Supreme Court of NSW, the Federal Court, the Federal Circuit and Family Court, the Fair Work Commission and NCAT. He has published a number of articles on legal topics and regularly presents at seminars. Glenn is listed in the Doyle’s Guide as Recommended Leading Employment Law Junior Counsel. Glenn was with Freehills for 10 years (including 7 years as a partner) and worked with clients in a variety of industries on significant employment and workplace relations matters, as well as dealing with corporate issues. Before coming to the Bar, Glenn was a senior lawyer with the Commonwealth Bank of Australia for 8 years, where he led both legal and HR teams. Glenn gained significant ‘hands-on’ experience in workplace relations in his early career at the NSW Nurses’ Association.


Brett Feltham, Consultant, King & Wood Mallesons


Alina Kaye, Partner, The Workplace Employment Lawyers
Alina is an experienced employment and industrial law specialist, who has worked with clients across a range of industries including media, finance, education, telecommunications, retail and hospitality. Alina has previously worked in a boutique employment law practice and in the employment teams of large, national and international firms. Her clients praise her calm, considered and highly strategic approach to workplace issues. Alina is passionate about employment law and keeping on top of the constantly evolving legal and political space. She has also spent part of her career working as a Senior Writer for one of the world’s leading legal publishers Thomson Reuters. She prides herself on keeping up-to-date with the latest developments and assisting clients to proactively navigate these changes.


Joe Murphy, Director, Cowell Clarke Commercial Lawyers
Joe is an employment relations lawyer with over 20 years’ experience specialising in workplace relations at mid-tier and employer associations. Joe’s experience extends to providing advice and representation in matters across Australian tribunals and courts, including the Fair Work Commission and the Federal Courts of Australia. Joe has also represented clients in various inquests and commissions of inquiry, including in the Independent Commission Against Corruption and various State Coroner’s Inquests and Inquiries. Regular matters in which clients require Joe’s expertise, include redundancies, unfair dismissals, general protections (adverse action) claims, executive and complex dismissals and separations, discrimination claims, industrial disputes, managing long and short term injured workers, troublesome workers compensation claims, employee fraud, employee privacy and surveillance, investigations (including in connection with whistleblower complaints), and the defence of underpayment claims brought by employees, unions and the Fair Work Ombudsman. Joe has extensive experience assisting clients with disputation between employers and their employees (whether dealing with employees collectively or individually). Joe has spent the last 10 years working exclusively with businesses across a vast range of industries and sectors, including information technology, SaaS, retail, hospitality, transport, manufacturing, construction, social & community services, and financial services.


Lucienne Gleeson, Partner, Baker McKenzie
Lucienne advises on all aspects of employment law. She has appeared in the Federal Court, Federal Circuit Court, Supreme Court, Fair Work Commission and the Australian Human Rights Commission to represent clients in a variety of cases. This has included adverse action, discrimination, breach of contract, unfair dismissal and restraint of trade matters. Lucienne conducts investigations into allegations of employee misconduct and bullying in the workplace. She also presents on key workplace topics including performance management, anti-discrimination, bullying and harassment.


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.


Elizabeth Devine, Principal, Devine Law
Elizabeth Devine is an Accredited Specialist in Employment and Industrial Law. She is founded Devine Law at Work, a law firm and consultancy which specialises in employment law, workplace relations and conflict management in 2002. Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. She has been practicing law for 32 years and has specialised in all aspects of Australian employment law, workplace relations and conflict management for 27 years. Devine Law at Work provides services to employers in the public and private sectors and in a broad range of industries. Elizabeth’s approach is a holistic one, combining skills and expertise in the law, communication, systems, mediation, facilitation, conflict coaching, education and workplace investigation. These services focus on prevention and minimisation of risk, transformation of workplace issues into learning opportunities and long-term solutions and the enhancement of expertise within the workplace, including the professional development of leaders, managers and internal advisers. Elizabeth is passionate about enhancing the knowledge of others about workplace law. In recognition of her significant expertise in employment law and conflict management, Elizabeth has presented at employment law conferences and seminars in Australia on a regular basis for more than 20 years.


Kiri Jervis, Partner, Hamilton Locke
Kiri specialises in workplace relations, regulatory enforcement proceedings, and large-scale employment dispute resolution. She assists clients with a wide range of strategic, regulatory, and risk management issues including Workplace Health and Safety (WHS), industrial disputes, discrimination, bullying, and harassment. Kiri’s focus is on providing practical and commercial advice to clients. She advises on a variety of matters, including the management of employment-related concerns, drafting and negotiation of employment contracts, the development of policies and procedures, management of ill or injured employees, termination of employment, and industrial disputes. Kiri also represents employers in various employment-related litigation and delivers workplace relations training to organisations with a particular focus on legislative reforms and legal developments. Prior to joining Hamilton Locke, Kiri was a Partner at Clyde & Co.


Shivchand Jhinku, Partner, Herbert Smith Freehills
Shivchand Jhinku is a partner at Herbert Smith Freehills based in Sydney, specialising in employment litigation. Shiv regularly advises clients in relation to the entirety of the employment life-cycle, from hiring, re-, negotiating contracts, performance management, termination and enforcement of post-employment obligations. Shiv has a broad range of expertise cross a number of sectors, including financial services, energy and resources, construction, transport and logistics and healthcare. Shiv also has significant experience in advising clients in relation to managing whistle blowing issues, from developing policies, providing training to investigators and advising and representing clients in responding to whistleblowing allegations.

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Employment Law Symposium

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All Sessions
Tuesday, 18 March 2025
9.00am to 5.15pm Australia/Sydney
CPD Points 7
$795.00
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Morning Session
Tuesday, 18 March 2025
9.00am to 1.15pm Australia/Sydney
CPD Points 4
$505.00
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Afternoon Session
Tuesday, 18 March 2025
2.00pm to 5.15pm Australia/Sydney
CPD Points 3
$420.00
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