Employment law is exploding with disputes and changing compliance requirements. Explore key developments in Australian employment law claims and reform agenda, including recent shifts in unlawful termination and general protection claims, responding to flexible working disputes, Respect@Work compliance, and proposed changes to restraints of trade. Hear from leading experts as they unpack current case law, legislative updates and practical strategies to assist you to navigate these complex and evolving areas. This is an essential session for legal advisors and anyone responsible for workplace compliance.
Tuesday, 21 October 2025
Description
Attend and earn 4 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
10.00am to 11.00am Flexible Working Disputes
- Making a request for flexible working arrangements: practical issues for employees and employers
- How to commence / respond to applications for flexible working disputes
- How are applications dealt with in practice?
- Factors an Applicant has to prove
- Factors a Respondent has to prove
- Other options: rights to flexibility under anti-discrimination laws
Presented by Elizabeth Ticehurst, Principal, Activate Law; Accredited Specialist in Employment and Industrial Law
11.00am to 11.15am Morning Break
9.00am to 10.00am Current Developments in the Unlawful Termination and General Protections Jurisdictions
- The criteria for establishing that termination arose because of a complaint or enquiry
- Whether or not the judgment in Latouf v ABC altered the approach in Bendigo TAFE v Barclay
- The impact of incorporation of whistleblower provisions in the Corporations Act on this jurisdiction
- The status of non-economic loss considerations
- Current law
Presented by Chris McArdle, Principal, McArdle Legal; Accredited Specialist in Employment and Industrial Law
11.15am to 12.15pm Is Your Workplace Ready for Respect@Work Compliance?
The Respect@Work reforms have ushered in a new era of accountability, with the positive duty now embedded in the Sex Discrimination Act 1984 (Cth). This landmark shift means employers must actively prevent workplace harassment, discrimination, and victimisation, not just respond to it. Many workplaces still fall short, especially in delivering culturally safe, trauma-informed, and inclusive practices
- Australian Human Rights Commission’s latest report: what this means for employers
- What “positive duty” really requires in practice
- Why policies alone aren’t enough and what accountable leadership looks like
- How overlapping forms of discrimination are being overlooked
- What enforcement looks like now, including potential civil penalties
Presented by Sarah Cappello, Partner, Hunt & Hunt
12.15pm to 1.15pm Proposed Changes to Restraints of Trade: What We Know and What Employers Can Do Now
- The Federal Government brought a policy to the last election to abolish restraints of trade for employees earning less than the high income threshold
- There is speculation that the proposed changes will be made in the Competition and Consumer Act rather than the Fair Work Act (potentially covering independent contractors as well as employees)
- Although the details of the proposed changes are not known, there are many things that employers can do to protect themselves in advance of the changes.
Presented by Andrew Wilson, Barrister, State Chambers
Presenters
Chris McArdle, Principal, McArdle Legal
Chris McArdle is one of approximately forty lawyers in New South Wales accredited by the Law Society of New South Wales as a specialist in Employment and Industrial Law. Chris has been in legal practice since 1988 and prior to that, served as a Commissioner of the Industrial Relations Commission of New South Wales. Chris acts for corporate and individual clients with a philosophy of preventing problems and increasing corporate efficiency. Chris has achieved a number of breakthroughs in the anti-discrimination, employment contracts and Registration of Agreements Jurisdictions. Chris is a regular presenter of seminar papers and has published several articles in both mainstream press and specialist journals.
Sarah Cappello, Partner, Hunt & Hunt
Admitted as a Solicitor to the Supreme Court of NSW and the High Court of Australia with degrees in Law and Commerce and practising in civil and commercial disputes with a primary focus on complex litigation matters, Sarah places a strong emphasis on the technical aspects of any case, always seeking to gain the best possible outcome for her clients. Sarah’s experience in litigation extends beyond state and Australian boundaries, having successfully assisted in enforcing solutions in various other jurisdictions. Having acted domestically in a broad spectrum of commercial litigation cases in the District, Supreme, Federal and Appellate Courts, Sarah’s dedication, maturity and diligence have been proven and have seen her accumulate a loyal and broad client base. In addition to the above, Sarah practices in gaming and liquor licensing, demonstrating an extensive knowledge and level of expertise of the field. A founding partner of Cappello Rowe Lawyers, Sarah joined Hunt & Hunt in 2020 when the firms merged.
Elizabeth Ticehurst, Principal, Activate Law
Elizabeth is an accredited specialist in Employment and Industrial Law and an expert in the emerging area of whistleblowing. After two decades working in private practice in Australia and the Asia Pacific region, Elizabeth opened her own firm, Activate Workplace Law, which specialises in employment and workplace matters. Elizabeth is a sought-after speaker and trainer and regularly presents at conferences and seminars. In 2020 Elizabeth published “The Whistleblowing Program Handbook” – a guide to Australian whistleblowing law and practice. She now focuses on helping clients to manage their workforce in an increasingly complex regulatory landscape.
Andrew Wilson, Barrister, State Chambers
Andrew maintains a broad practice that focuses on the principal areas of commercial law, employment law, and criminal and regulatory law. Andrew brings with him over 25 years’ experience across law, government and industrial relations. He was called to the Bar in 2020 after having been admitted as a solicitor in 2007, and having worked in industrial relations since 1997. As a solicitor he worked in both private and government practice, and as an advisor to the Attorney General of New South Wales. Andrew’s commercial practice spans disputes relating to general commercial matters, building and construction, consumer law, technology, commercial equity, and corporations law and insolvency. His employment practice includes both the individual and collective aspects of employment law, as well as work health and safety. Andrew’s criminal and regulatory practice extends to advising and appearing in matters relating to general crime, professional discipline, firearms and occupational licencing, working with children matters, and heavy vehicle prosecutions. Since being called to the Bar, Andrew has appeared in a wide range of matters on behalf of ASX-listed companies, small and medium sized enterprises, individuals, insolvency practitioners, not-for-profit entities and trade unions. He primarily appears in the Supreme, District and Local Courts of New South Wales, Federal Court of Australia, Federal Circuit and Family Court of Australia, the Fair Work Commission and the New South Wales Civil and Administrative Tribunal (NCAT). His experience also extends to appearing led in matters in the New South Wales Court of Appeal and the New South Wales Court of Criminal Appeal. Andrew is valued for his technical proficiency and highly developed interpersonal skills. He holds a Master of Laws, a Bachelor of Laws, and a Bachelor of Commerce. Andrew is a member of various professional associations. In addition to his litigation and advisory practice, he acts as a Mediator in commercial and employment disputes.
