Description
Attend and earn 1 CPD hour in Substantive Law
This program is applicable to practitioners from all States & Territories
Chair
Amanda Junkeer, Partner, Gadens
The New Definition of Employment, Casual Employment and Opting Out
- Examine the definition of ‘employee’ and ‘employer,’ which introduces a varied test to determine whether workers are independent contractors or employees. This includes consideration of the new ‘contractor high income threshold.’ Consider existing case law in relation to independent contractors more broadly and how the definition may be applied in that context
- Implications of the new definition and threshold on businesses that engage independent contractors, including how the ‘opt out’ mechanism will operate
- Consideration of the updated definition of casual employment
- Implications of the new requirements for casual conversion
Presented by William Marshall, Partner, Gadens; Best Lawyers 2023, 2024, Labour and Employment Law
Presenters
Amanda Junkeer, Partner, Gadens
Amanda specialises in industrial and employee relations with over 20 years’ experience. Amanda is a Partner in the Workplace Advisory and Disputes team at Gadens and based in the Melbourn office. Prior to joining Gadens, Amanda worked in private practice at a top tier national firm in the Workplace Relations and Safety team and a boutique law firm where she specialised in Workplace Relations. Her experience includes senior in-house employment counsel roles in an ASX listed top 100 company with over 25,000 employees and national healthcare essential service provider with over 3,500 employees. Acting for employers including corporations and not for profit organisations, her key practice areas range from enterprise bargaining strategy, industrial disputation, payroll compliance and remediation, complex award and enterprise agreement matters, managing disciplinary and termination processes, wage audits, and employment litigation. Amanda’s sector specialisation includes independent education, higher education, not for profit and manufacturing. Significant matters include acting in a successful litigation on behalf of a large media company in relation to breach of employee privacy in the context of enterprise bargaining, leading a Federal Court appeal of an adverse action matter involving union activity during an industrial dispute, instructing and advising on unfair dismissal matters in the Fair Work Commission including a Full Bench decision about dishonesty in the use of medical certificates. Amanda also advises and acts on behalf of clients in respect of employment contract drafting and disputation, representing clients with the workplace relations regulator and in anti-discrimination claims.
William Marshall, Partner, Gadens
William has significant experience advising clients on employment law, employment litigation and industrial relations issues. William works closely with HR, WHS specialists and industrial relations advisors across all industries and sectors, delivering timely and practical advice to his clients. He has a deep understanding of the need to deliver clear, practical and commercial solutions to the often-complex legal issues in these areas of the law. William has significant experience in relation to workplace litigation. This includes in relation to a range of publicly listed and large privately owned businesses. He assists businesses in relation to a raft of industrial relations, litigation and general employment and safety issues. William was nominated and recognised as a Best Lawyer in the area of Labour and Employment Law in the 2023 and 2024 editions of the Best Lawyers in Australia.
