LAW39 12th Workplace Law Fundamentals Roadshow
Transcript of LAW39 12th Workplace Law Fundamentals Roadshow
T | 61 2 9247 6000 F | 61 2 9247 6333 E | [email protected] W | akolade.com.au Produced by: 1
Expert Speakers:
BRISBANE
SYDNEY
MELBOURNE
Who should attend?• HR Managers and Directors• Workplace Relations Managers• Employee Relations Managers• People and Culture Managers
Key benefits of attending:• Learn how to use Individual Flexibility Arrangements (IFA) to improve productivity and reduce staff turnover
• Minimise the use of ineffective employment contracts through a thorough understanding of key clauses and terms
• Gain best practice techniques to successfully defend against adverse action claims
• Understand personal liability for HR Directors/Managers under the Fair Work Act 2009
• Develop systems and understanding to ensure procedural fairness in disciplinary and performance management measures
Endorsed by:
Ingrid AsburyDeputy PresidentFair Work Commission
Matthew FrancisHR Business PartnerInvocare
Renato MarascoHead of Employee RelationsRACV
Martin OsborneHead of Employment and Labour & PartnerNorton Rose Fulbright
Shae McCartneyPartnerClayton Utz
Fay CalderonePartnerDibbsBarker
Penny BrookeSenior AssociatePiper Alderman
Shannon ChapmanSenior AssociateAshurst
Catherine BerrySenior AssociateHerbert Smith Freehills
Hon. Jonathan HambergerSenior Deputy PresidentFair Work Commission
Renato MarascoHead of Employee RelationsRACV
Joe MurphyDirector, Australian Business Lawyers & Advisors & NSW Business Chamber
David CrossPartnerNorton Rose Fulbright
Tim CapelinPartnerPiper Alderman
Fay CalderonePartnerDibbsBarker
Talia FirthSenior AssociateAshurst
Shivchand JhinkuExecutive CounselHerbert Smith Freehills
Cilla RobinsonSpecial CounselClayton Utz
Val GostencnikDeputy PresidentFair Work Commission
Bevan GibbsGeneral Manager – Human Resources & Employee RelationsArrow Energy
Renato MarascoHead of Employee RelationsRACV
Sarah RalphPartnerNorton Rose Fulbright
Tim LangePartnerPiper Alderman
Fay CalderonePartnerDibbsBarker
Abigail CooperSenior AssociateAshurst
Melanie SmithSenior AssociateHerbert Smith Freehills
Amanda RatnamSpecial CounselClayton Utz
Applying practical strategies toreduce claims and liabilities
12th
Workplace LawFundamentals
7th March 2017 I Novotel, Brisbane
8th March 2017 I The Grace Hotel, Sydney
9th March 2017 I Crowne Plaza, Melbourne
EXCLUSIVE UPDATES FROM THE FAIR WORK COMMISSION
T | 61 2 9247 6000 F | 61 2 9247 6333 E | [email protected] W | akolade.com.au Produced by: 2
12th Workplace Law Fundamentals
Wednesday 8th March 2017The Grace Hotel, Sydney
PROGRAMME
Brisbane: Matthew Francis, HR Business Partner, Invocare
Sydney: Joe Murphy, Director, Australian Business Lawyers & Advisors & NSW Business Chamber
Melbourne:Bevan Gibbs, General Manager – Human Resources & Employee Relations, Arrow Energy
8:00 Registration opens9:00 Opening remarks from the Chair
9:10 KEYNOTE ADDRESS Latest updates from the Fair Work Commission
Brisbane:Ingrid Asbury, Deputy President, Fair Work Commission
Sydney:Hon. Jonathan Hamberger, Senior Deputy President, Fair Work Commission
Melbourne:Val Gostencnik, Deputy President, Fair Work Commission
9:50 Developing a clear policy on flexible working arrangements to reduce staff turnover • Meeting the National Employment Standards and modern award components of the Fair Work Act 2009 • Understanding the legalities of developing effective workplace flexibility policies – What are the employee’s rights – Who is entitled to consideration when requesting work from home allowances • What are the company’s right when it comes to workplace flexibility
10:30 Morning refreshments
12:20 Networking luncheon
Brisbane:Renato Marasco, Head of Employee Relations, RACV
Sydney:Renato Marasco, Head of Employee Relations, RACV
Melbourne:Renato Marasco, Head of Employee Relations, RACV
11:00 Undertaking performance management to avoid claims and legalities • Outlining key elements of an effective performance management policy • Avoiding common errors organisations make when dealing with performance management • Dealing with potential side-tracks and how to minimise claims
Brisbane:Penny Brooke, Senior Associate, Piper Alderman
Sydney:Tim Capelin, Partner, Piper Alderman
Melbourne:Tim Lange, Partner, Piper Alderman
11:40 Examining your personal liability as a HR professional for breaches of the Fair Work Act 2009 (Commonwealth) • Understanding the areas of individual legal liability HR Managers are most exposed to • Clarifying the key HR Practices most commonly before the courts • Practical takeaways to help you avoid a costly mistake • Case Law Review: Lessons for HR professionals from Cerin v ACI Operations Pty Ltd & ORS [2015] FCCA 2762.
Brisbane:Fay Calderone, Partner,DibbsBarker
Sydney:Fay Calderone, Partner, DibbsBarker
Melbourne:Fay Calderone, Partner, DibbsBarker
Tuesday 7th March 2017Novotel, Brisbane
Thursday 9th March 2017Crowne Plaza, Melbourne
Fantastic conference with great presenters speaking on relevant and current workplace topics.
- Jacki Manser, RACV
T | 61 2 9247 6000 F | 61 2 9247 6333 E | [email protected] W | akolade.com.au Produced by: 3
12th Workplace Law Fundamentals
1:20 Sham contracting: Knowing who is an employee and who is an independent contractor • Understanding the factors which may contribute to determining the difference between an employee and an independent contractor • How to define a sham contracting arrangement with an in-depth analysis of the sham contracting provisions of the Fair Work Act 2009 • Determining the financial liabilities for contraventions of the sham contracting arrangements and reform opt-in provisions • Developing a take away ‘cheat sheet’ to ensure your organisation is free from breaching the sham contracting provisions
Brisbane:Martin Osborne, Head of Employment and Labour & Partner, Norton Rose Fulbright
Sydney:David Cross, Partner, Norton Rose Fulbright
Melbourne:Sarah Ralph, Partner, Norton Rose Fulbright
2:00 How employers can protect themselves and avoid costly mistakes when drafting employment contracts • How to include workplace policies in your contractual terms • Exploring employment contract best practice by using clear and unambiguous language • Intellectual Property provisions and restraint of trade clauses: how enforceable are they • Case law update and how this impacts the employment landscape
2:40 Afternoon refreshments
Brisbane:Catherine Berry, Senior Associate, Herbert Smith Freehills
Sydney:Shivchand Jhinku, Executive Counsel, Herbert Smith Freehills
Melbourne:Melanie Smith, Senior Associate, Herbert Smith Freehills
3:10 Ensuring workplace investigations withstand the scrutiny of the Fair Work Commission and the courts • Ensuring due diligence is followed in regards to reporting and allegation handling: – Investigation times – Evidence gathering – Following up of any workplace incidentals • Clarifying the intersection of the right to employee privacy and surveillance during investigations • Understanding the key legal definitions when undertaking investigations
Brisbane:Shannon Chapman, Senior Associate, Ashurst
Sydney:Talia Firth, Senior Associate, Ashurst
Melbourne:Abigail Cooper, Senior Associate, Ashurst
Brisbane:Shae McCartney, Partner, Clayton Utz
Sydney:Cilla Robinson, Special Counsel, Clayton Utz
Melbourne:Amanda Ratnam, Special Counsel, Clayton Utz
3:50 What you need to be aware of when your reasons for termination are deemed as valid by the FWC, but the dismissal itself is deemed unfair • Ensuring the employee is afforded procedural fairness • How to prove the reasons for termination were not harsh, unjust or unreasonable • What impact does the age and future employment prospects of the terminated employee have on the Commission’s ruling • Case Law Review: Gill v Jetstar Airways Pty Ltd [2016] FWC 1472: what the findings mean for unfair dismissal claims against your organisation
4:20 End of conference
Great opportunity to refresh appreciation of employment law and a worthwhile annual event.
- David Merrills, Probiotec Pharma Pty Ltd
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T | 61 2 9247 6000 F | 61 2 9247 6333 E | [email protected] W | akolade.com.au Produced by: 4
12th Workplace Law Fundamentals
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SYDNEYWednesday, 8th March 2017The Grace Hotel Sydney77 York Street,Sydney NSW 2000, Australia+61 2 9272 6888
MELBOURNEThursday, 9th March 2017Crowne Plaza Melbourne1-5 Spencer Street, Melbourne VIC 3008, Australia+61 3 9648 2777
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