Industrial & Workplace Relations Conference Legal update and practical business solutions for HR managers

08:30

Registration Opens

09:00

Welcome from Conference Chair 

Alexandra Terrill, Managing Associate, Dentonss

09:05

Practice 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 employees

Nick Ruskin, Partner, K&L Gates

09:45

Flexible Working Arrangements: What to do when there is a dispute 

• How to balance employees’ rights to request flexible working arrangements, and employers right to refuse under certain conditions

• Closing the Loop reforms and options available and entitlements for flexible working arrangements

• FWC can review decisions to refuse requests for flexible working arrangements

• Right of appeal and steps workplaces should be taking in light of this 

Adam Foster, Partner, Colin Biggers & Paisley Lawyers

10:25

10:50

The Right to Disconnect: What is reasonable and what to do when there is a dispute

• Reform and new ‘right to disconnect’ laws

• When is an employee’s refusal to be contacted considered unreasonable? 

• Determining ‘reasonable’ and ‘unreasonable’ additional hours

• Third parties and right to disconnect 

• How to manage a dispute regarding an employee’s right to disconnect

Matt Kelleher, Partner, Clayton Utz

11:30

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

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

• 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 pay gap disclosure

Melinda Bell, Partner, Norton Rose Fulbright

12:10

Lunch and networking break

13:00

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

• Recent amendments across the states and territories 

• 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

• Case studies and guidance

Chris Molnar, Partner, Kennedys

13:40

Positive Duty and sexual harassment

As employers work towards enhanced governance around the ‘positive duty’, achieving compliance remains a challenge. This session will provide further clarity on prevention and response plans on the recent positive duty.  
 

• Practical examples of how employers can meet the positive duty 

• Key actions required to ensure compliance with the federal positive duty  

• What proposals can we expect to see in the coming years? 

Dale McQualter, Partner, Maddocks

14:20

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

Dominic Fleeton, Partner, K&L Gates

15:20

Terminations and performance management - preventing unfair dismissal and general protections claims

• What is poor performance, how this measured and communicated

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

• Performance management and disciplinary procedures 

• Attending to serious misconduct 

• Termination and preventing unfair dismissal claims 

• Lesson from recent court decisions

Richard Scougall, Special Counsel, Gilchrist Connell

16:00

Recruitment: Diversity, disability and discrimination - avoiding complaints of discrimination

• The difference between direct and indirect discrimination

• Affirmative action and discrimination distinguished

• Is there an obligation to disclose age, disability or medical information when applying for a job?

• What can you ask or not ask in interviews?

• Recent cases and examples 

Madelaine August, Partner, Moray Agnew Lawyers

16:40