AGENDA

• 9:00 AM

  Opening remarks from the chairperson

  

  Shanni Zoeller

  Senior Associate
  HWL Ebsworth Lawyers

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  Shanni Zoeller

  Senior Associate
  HWL Ebsworth Lawyers

  Shanni is an employment lawyer working in HWLE’s Sydney Workplace Relations and Safety Team. Throughout her time as an employment lawyer, Shanni has gained extensive experience working with employer clients large and small, across a wide range of industries.

  Shanni is often instructed by human resources practitioners, managers, directors and executives on a range of issues including performance management, disciplinary processes, restructures and redundancies, employment terminations, award interpretation and compliance, underpayments and post-employment obligations including restraints of trade and breaches of confidentiality.

  In addition, Shanni also provides clients with assistance in preparing employment contracts, policies, procedures and other documents related to the employment relationship. Shanni has often presented client workshops and training sessions for managers and people leaders on employment issues, as well as externally.

  In the event of a dispute, Shanni has experience in dealing with matters filed with the Fair Work Commission, Fair Work Ombudsman, Federal Court of Australia, Federal Circuit and Family Court of Australia and other Tribunals such as the Australian Human Rights Commission.

• 9:10 AM

  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 setup? 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] 

  

  Clancy King

  Partner
  DLA Piper

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  Clancy King

  Partner
  DLA Piper

  Clancy King is experienced in a range of employment issues and the provision of legal and strategic advice to clients across the employment relationship. Her advice is valued for its commercial focus and technical expertise. 

  Clancy advises on employment and workplace issues from pre-employment through to managing exits, including workplace disputes and employment litigation, responding to workplace claims, negotiating senior executive exits, resolving sensitive and complex disputes and day-to-day employment matters. She has experience in employment matters arising in corporate transactions including employee transfers and restructuring. 

  Clancy regularly advises international clients on entering the Australian market and negotiating the Australian employment system, working closely with local and international counsel to manage Australian employment matters. 

• 9:55 AM

  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? 

  

  Chris Nowland

  Senior Associate
  Herbert Smith Freehills

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  Chris Nowland

  Senior Associate
  Herbert Smith Freehills

  Chris is a senior associate in the employment, industrial relations and safety team at Herbert Smith Freehills.

  Chris assists his clients to proactively manage employment, industrial relations and safety issues arising under a range of Australian laws. He has particular experience in the areas of general employment litigation, corporate advice, and industrial relations.

  Chris has acted for a diverse range of corporate clients, from small companies to large multi-nationals. Prior to joining Herbert Smith Freehills, Chris also acted for significant individual clients including high-net-worth individuals and C-Suite executives. This broad experience gives Chris a unique perspective on the issues faced by both employees and employers in Australia, which he utilises to help his corporate clients meet their commercial and legal objectives.

• 10:40 AM

  Morning tea and refreshments break

• 11:10 AM

  Updates to the enterprise bargaining framework and multi-employer agreements

  There have been several significant changes in enterprise bargaining from the latest 

  Secure Jobs, Better Pay legislation. How will these changes affect the negotiation and implementation of enterprise agreements?

   

  • What are 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  

  

  Gareth Jolly

  Partner
  MinterEllison

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  Gareth Jolly

  Partner
  MinterEllison

  As a litigator, Gareth regularly conducts proceedings before the Fair Work Commission, the Federal Court of Australia, the Federal Circuit Court of Australia, and other courts and tribunals. 

  He has a background in IT and has developed a range of apps in his practice. Most recently, he was certified in Neota Logic – an environment used to develop expert systems (rule-based artificial intelligence apps) for web and mobile platforms. 

• 11:55 AM

  Positive duty and workplace sexual harassment prevention

  The latest reforms to the sexual harassment framework in the workplace puts the onus on the employer to prioritise prevention, with more changes expected. This session will examine the changes to employer obligations and worker protection in workplace sexual harassment and how to adopt a preventative approach.   

   

  • Outlining the key reforms to the prohibition against sexual harassment in the workplace 
  • Revising policies for a preventative approach and to remain compliant 

  • Examples of risk mitigation strategies such as regular training, refining the complaints handling procedure and assessing risk 
  • What’s next – additional recommendations from the Respect@Work report 

  

  Kristen Lopes

  Partner
  Colin Biggers & Paisley

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  Kristen Lopes

  Partner
  Colin Biggers & Paisley

  A partner in Colin Biggers & Paisley’s employment and safety team since 2008, Kristen has expertise in employment, industrial relations and discrimination law. She has experience in matters of both a litigious and non-litigious nature. 
   
  Kristen acts on behalf of a diverse range of employers across various sectors including insurance, education, faith-based, service, retail, financial, manufacturing, clubs, healthcare, construction, shipping and not for profit.  
   
  She assists clients to respond to employment claims in the Fair Work Commission, state commissions, tribunals and in the courts. These claims include applications for unfair dismissal, general protection claims, bullying complaints, discrimination complaints, sexual harassment complaints, underpayment claims and common law breach of contract claims. 
   
  In addition, she provides advice on legislation relevant to the workplace, including the Fair Work Act 2009 (Cth) and assists clients to deal with workplace issues including termination, restructuring and transfers of business. 
   
  Kristen also has extensive experience speaking at conferences and conducting client seminars and training on workplace issues. She has a special interest in managing workplace discrimination, harassment and bullying. In 2004, she was invited to present a paper at the Oxford University Round Table on discrimination in employment. 
   
  In the 2013 Lawyers Weekly Women in Law Awards, Kristen was a finalist in the Jacinta Fish Legal Mentor Award. 
   
  In 2010, she received a Master of Laws degree with first class honours from the University of Sydney, focusing on comparative employment law. Kristen obtained the prize in advanced employment law in 2007 and was a finalist in the 2008 McCallum Medal Presentation competition where she presented on workplace bullying.  
   
  Kristen was called to the bar in Ontario Canada in 1995 and practised employment law as a partner in one of Canada’s leading law firms until she relocated to Australia. She was admitted as a solicitor in NSW in 2006.    

• 12:40 PM

  Networking lunch

• 1:40 PM

  ‘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?

  

  Cilla Robinson

  Partner
  Clayton Utz

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  Cilla Robinson

  Partner
  Clayton Utz

  Cilla Robinson is the go-to workplace lawyer for businesses involved in industrial unrest, transformation, disruption, takeovers, mergers, acquisitions, reconstructions, offshoring and outsourcing. 

  She works closely with clients to manage their workforces in what are often very fluid and potentially volatile situations, so they can develop robust industrial strategies, unlock the value in their core businesses and achieve new growth. 

  Whether they are HR business partners, legal counsel, executives, business managers, CEOs/MDs or company boards, Cilla’s clients particularly appreciate her consistently commercial approach and ability to understand their business strategy, navigate complex legal issues and then explain them in an accessible and concise manner. 

  Although her major focus is on business transformation, industrial relations strategy/enterprise bargaining and discrimination law, Cilla advises on all aspects of industrial relations and employment law, workplace investigations, employment aspects of corporate transactions and workplace, health and safety. She also runs employment litigation in State and Federal Courts, Commissions and Tribunals. 

  Cilla has broad industry experience and works with both private and public sector clients. 

• 2:20 PM

  Toxic behaviours and psychological risk

  Elements of workplace culture that reduce psychological risk have evolved from the ‘nice to have’ to ‘essential’, and employers have obligations to address unlawful and inappropriate behaviour that creates a psychological risk to employees.      

   

  • What are the latest legal requirements and changes to the law regarding protecting the psychological health of workers in workplaces?   
  • Employer obligations to address workplace behaviours resulting in risks of psychological injury – Lessons from Bersee v. State of Victoria [2022] and Stevens v. DP World Melbourne Ltd [2022]   
  • What HR and business practices and arrangements present the greatest risks? Lessons from organisations and developing trends, including flexible work  

  

  Alexandra Shields

  Partner
  Norton Rose Fulbright

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  Alexandra Shields

  Partner
  Norton Rose Fulbright

  Alexandra Shields is an employment and labour lawyer based in Sydney, having been with the firm since 2007. 

  Alexandra’s expertise are across all areas of employment, workplace relationships and industrial relations law for public and private sector clients, with very strong experience in workplace litigation, including discrimination, sexual harassment and equal opportunity claims, unfair and unlawful dismissals and Consumer Law claims. 

  Alexandra has a sound understanding of her clients’ businesses and provides a practical and solutions-focussed approach. 

  With a strong government practice, Alexandra is a trusted advisor to many government agencies on contentious and non-contentious matters, having also spent a substantial amount of time on in-house secondments within various agencies. 

• 3:00 PM

  Afternoon tea and refreshments break

• 3:30 PM

  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 4-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] 

  

  Stephen Hardy

  Partner
  K&L Gates

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  Stephen Hardy

  Partner
  K&L Gates

  Stephen is an established practitioner who represents Australian and international clients on a variety of employment matters including human resources, industrial relations, executive, business protection and complex compliance related matters, the employment aspects of mergers and acquisitions, workplace restructuring and business transformation. He works for clients across industries including banking and financial services, insurance, retail, transport, waste management, manufacturing, information technology, leisure, media and entertainment, property, and professional services.  

  Stephen has experience across the breadth of labour and employment related matters and a specialist workplace health and safety practice, leading high profile and sensitive safety investigations, responding to workplace crises, establishing and auditing safety systems, defending prosecutions and appearing at coronial inquests. 

• 4:00 PM

  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]. 

  

  Maree Skinner

  Partner
  Maddocks

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  Maree Skinner

  Partner
  Maddocks

  Maree is a highly regarded employment lawyer who supports clients in the management of their employee and industrial relations issues. Maree practices in all aspects of workplace relations law assisting clients with everything from pro-active compliance measures, day-to-day employment issues, and dispute resolution through to high-level strategic advice. Maree regularly advises clients on a wide range of industrial relations issues, such as industrial relations strategy, enterprise agreement bargaining and industrial disputes. 

  She has significant experience in assisting clients with compliance, including Fair Work Ombudsman audits, investigations and prosecutions as well as self-assessment, auditing and pro-active compliance strategies. Maree also regularly advises on and conducts investigations for clients on workplace complaints such as bullying and sexual harassment. 

  Maree was ranked as a lawyer in the Chambers Asia Pacific 2023 guide for Employment: New South Wales, and is recommended by The Legal 500 Asia Pacific 2023 guide for her work in Labour & Employment. 

• 4:30 PM

  Q&A: Addressing additional concerns in employment law

  In this interactive session, delegates will have the opportunity to ask the speaker questions relating to various employment law concerns.   

  

  Maree Skinner

  Partner
  Maddocks

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  Maree Skinner

  Partner
  Maddocks

  Maree is a highly regarded employment lawyer who supports clients in the management of their employee and industrial relations issues. Maree practices in all aspects of workplace relations law assisting clients with everything from pro-active compliance measures, day-to-day employment issues, and dispute resolution through to high-level strategic advice. Maree regularly advises clients on a wide range of industrial relations issues, such as industrial relations strategy, enterprise agreement bargaining and industrial disputes. 

  She has significant experience in assisting clients with compliance, including Fair Work Ombudsman audits, investigations and prosecutions as well as self-assessment, auditing and pro-active compliance strategies. Maree also regularly advises on and conducts investigations for clients on workplace complaints such as bullying and sexual harassment. 

  Maree was ranked as a lawyer in the Chambers Asia Pacific 2023 guide for Employment: New South Wales, and is recommended by The Legal 500 Asia Pacific 2023 guide for her work in Labour & Employment. 

• 4:45 PM

  Event concludes