Industrial & Workplace Relations Conference Closing the Loopholes | The Right to Disconnect | Redefined ‘Casual’ Employees | Legal Updates for HR

9:00 AM      

Welcome from Conference Chair

Susan Moriarty, Principal, Susan Moriarty & Associates

9:05 AM
 

Implications of Closing the Loopholes legislation
 

Providing an overview of the key areas of Closing the Loopholes legislation, including:

- The impact of same job same pay orders to ‘close the labour hire loophole’

- Exploring workplace delegates rights

- Changing the contractor test and strengthening the sham contracting provisions

- Overview of the road transport and employee-like worker conditions and unfair contractors regime 
 

Wendy Fauvel, Partner, Herbert Smith Freehills

9:45 AM

Practical Guidance on the Redefined 'Casual' Employees
 

- The Closing Loopholes No. 2 Act and a new definition of casual employees in the Fair Work Act

- Practical guidance to determine whether employees are genuinely casual

- New casual employee conversion

- Alternative pathways to casual conversion, fixed-term contracts, and the casual information statement

- Preventing “Double Dipping Concerns” for casual employees to claim both casual loading and permanent entitlements

- Tips for amending employment agreements for casual employeess

Rose Dimitrious, Special Counsel, Holding Redlich

10:50 AM

The Right to Disconnect: What is reasonable, what is not, and how to eliminate the in between
 

- The new ‘Right to Disconnect’ laws and what we know 12 months on

- Assessing when an employee’s refusal to be contacted will be considered unreasonable

- How and when to communicate with your workforce about the Right to Disconnect

- Empowering managers to manage

- How to navigate adverse action claims, discrimination complaints, and disputes regarding an employee’s Right to Disconnect

- Adopting a new outlook on performance reviews, promotions and rewards

- An update on the elusive meaning of ‘reasonable’ additional hours and how this might intersect with the Right to Disconnect

Christy Miller, Partner and Betsy Rutledge, Senior Associate, Clayton Utz

11:30 AM

Preventing employee underpayments and remuneration compliance: Wage theft, gender pay, new penalties under Secure Jobs Better Pay Act, and changes to super
 

- Criminalisation of intentional wage theft and new penalties introduced by the Secure Jobs Better Pay Act

- Safe habours: the role of the Small Business Breach Compliance Code and cooperation agreements

- Wage theft liability for individuals, including managers and directors

- Practical considerations for managing employee underpayments, including what should happen when an underpayment is identified

- Steps for remediation and rectification - including communications to employees, unions, self-reporting to the Fair Work Ombudsman and regulatory disclosures

- Superannuation law reforms and changes and their interaction with remuneration compliance

- Gender pays gap disclosure

Roxanne Hilton, Special Counsel, Norton Rose Fulbright

12:10 PM

Lunch and networking break

1:00 PM

Managing Psychosocial Safety in the Workplace - mitigating risks to prevent non-compliance
 

- Recent amendments across the states and territories

- How do you manage psychosocial hazards for remote workers? 

- Changes to model WHS laws by SafeWork Australia

- Enforcement and penalties by WHS regulators

- How do you manage psychosocial hazards for remote workers? 

- Recent cases insights

- Case studies and guidance

Tom Reaburn, Partner, McCullough Robertson

1:40 PM

Positive Duty compliance and sexual harassment prevention 
 

- Federal and Queensland Respect at Work Act’s ‘first stage’ of reforms to anti-discrimination laws and the risk of ‘naming and shaming’

- The obligations of the employer when it comes to preventing sexual harassment

- What evidence do you need to discharge reverse onus under protection legislation

- Practical case studies highlighting what measures have met the reasonable steps standard

- Tips to be proactive and demonstrate compliance with positive duty

- How to manage complaints against senior executive
 

Alanna Fitzpatrick, Partner, K&L Gates

2:20 PM

Reasonable Adjustments - Applying Foundational Principles to Mental Health at Work
 

- Absenteeism and Protection from Dismissal

- Conduct and Performance

- Work health and safety considerations

- Inherent Requirements and Reasonable Adjustments

- Flexible Working Arrangements

- Decision Making Frameworks
 

Rebecca Pezzutti, Legal Practice Director, IRiQ Law

3:00 PM

Networking and refreshment break

3:20 PM

How to conduct an effective workplace investigation 

- Can you investigate without receiving a complaint or if a complainant requests that no further action be taken?

- Overview of investigation process - when, where, how

- What does a good investigation look like?

- The importance of a trauma-informed approach

- Managing difficult or reluctant witnesses

- Preparing a report and making findings 
 

Jonathon Hadley, Partner, Gadens

4:00 PM

Terminations and performance management - mitigating the risk of unfair dismissal and general protections claims
 

- What really is poor performance, how should it be measured and communicated

- Valid reasons for dismissal and circumstances in which to seek specialist legal advice

- Performance management and disciplinary procedures

- Dealing with serious misconduct

- Termination and mitigating the risk of claims

- Lessons from recent decisions

Denielle Pohlner, Lawyer/Legal Operating Officer, Anderson Gray Lawyers

4:40 PM

CLOSING REMARKS FROM THE CHAIR AND END OF CONFERENCE