Employment Law Masterclass Brisbane Agenda 2023
7 November 2023, Stamford Plaza Brisbane
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Opening remarks from the chairperson
Vanessa James-McPhee
Principal Workplace Consultant
HIES & EMPWR Solutions -
Navigating flexible work requests
Employees are seeking greater flexibility in the modern workplace, with many preferring to work remotely. How are employers managing requests for flexible work arrangements, and how do you determine who is fit for a remote set-up? This session will examine the latest obligations of the employer in relation to recent legislation for flexible working arrangements.
- Outlining recent changes to flexible work arrangement requests
- Tips on managing flexible work requests to minimise disputes
- Determining whether an employee has reasonable business grounds to work flexibly
- Understanding the possible outcomes when an employee refutes a denied request
- Lessons from The Police Federation of Australia (Victoria Police Branch) v. Chief Commissioner of Police T/A Victoria Police [2022] and Ambulance Victoria v. Fyfe [2023]
Nicola Shepherd
Senior Associate
Clayton Utz -
Upcoming changes to fixed- and maximum-term contract provisions
The use of fixed-term and maximum-term contracts will be significantly limited with anticipated regulations in effect later this year. What are the inclusions and exceptions in the upcoming limitations?
- What are the exceptions to the fixed-term contract prohibition?
- Understanding the anti-avoidance provisions to prevent prohibition
- Are there any alternatives to max-term contracts?
- Preparing a fixed-term contract information statement
- What happens if there is a breach of prohibition?
Matthew Cameron
Executive Counsel
Herbert Smith Freehills -
Morning tea and refreshments break
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Updates to the enterprise bargaining framework and multi-employer agreements
There have been several significant changes in enterprise bargaining in the latest Secure Jobs, Better Pay legislation. How will these changes affect the negotiation and implementation of enterprise agreements?
- What is the new Statement of Principles for proposed enterprise agreements?
- Simplifying the Better Off Overall Test (BOOT)
- Examining the revised structure of three multi-employer bargaining streams – cooperative workplaces agreements, supported bargaining authorisations and single-interest employer authorisations
- What are the Fair Work Commission’s new methods to deal with a bargaining dispute?
- Tips to avoid being ‘roped-in’ to multi-enterprise agreements
Deanna McMaster
Partner
MinterEllison -
Workplace sexual harassment and the new ‘positive duty’
As part of the ongoing response to the Sex Discrimination Commissioner’s Respect@Work report, the introduction of a new ‘positive duty’ on all employers has made it abundantly clear that the onus is now squarely on employers to take action to prevent sexual harassment, sex-based harassment and conduct that contributes to a hostile workplace environment. Responding to complaints when they arise is no longer enough. In this essential update for all employers, industry expert Tamsin Lawrence will:
- Unpack the recent changes
- Guide you through what the changes mean for your business
- Provide clarity on how to get compliant and the risks of non-compliance
Tamsin Lawrence
Senior Associate
Australian Business Lawyers & Advisors -
Networking lunch
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‘Same job, same pay’ – labour hire update
The federal government is proposing a new tranche of changes, including the introduction of a ‘same job, same pay’ obligation in the Fair Work Act affecting labour hire. This session will provide clarity on the scope and complexity of the new reform.
- Understanding the use of criteria to determine ‘same job’
- Tips on calculating ‘same pay’
- What future changes can we expect for this principle
Megan Kavanagh
Partner
Colin Biggers & Paisley -
Workplace health and safety update
There have been several changes to regulations for workplace health and safety management, with a greater focus on psychosocial risks. What are the changes to employer obligations in WHS, and how can employers remain compliant?
- What are the latest psychosocial health and safety requirements in workplaces?
- Employer obligations to identify risks of psychological injury – lessons from Bersee v. State of Victoria [2022] and Stevens v. DP World Melbourne Ltd [2022]
- How do employer WHS obligations extend to remote workers?
Alexander Millman
Senior Associate
Mills Oakley -
Afternoon tea and refreshments break
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The future of work – anticipating changes in the workplace
There has been a massive change in workplace culture over the past several years, with employers dealing with increasing obligations to remain compliant. What workplace trends are we seeing, and how will this affect employment relations? What legal reforms can we expect in the coming year?
- What are the potential implications of enforcing a four-day work week?
- Clarity on the addition of the Right to Disconnect Bill to the National Employment Standards
- Mitigating risks with alternative working models, such as gig workers and remote workers
- Determining what constitutes as working ‘reasonable’ and ‘unreasonable’ additional hours – lessons from Australasian Meat Industry Employees Union v. Dick Stone Pty Ltd [2022]
Alanna Fitzpatrick
Partner
K&L Gates -
Discipline and termination: Lessons from the court
One of Australia’s most prominent lawyers will discuss the key takeaways from the most influential cases of the last 12 months.
- How have judges been ruling on termination cases?
- Trends in employee compensation rulings
- Lessons from the recent court decisions Alesia Khliustova v. Isoton Pty Ltd [2023], United Workers’ Union v. Bervar Pty Ltd (No 2) [2023], Mr Martin Pelly v. Ventia Australia Pty Ltd T/A Ventia [2023].
Rick Catanzariti
Partner
DLA Piper -
Q&A: Addressing additional employment law concerns
In this interactive session, delegates will have the opportunity to ask the speaker questions relating to various employment law concerns.
Rick Catanzariti
Partner
DLA Piper -
Event concludes