Workplace Law Symposium
Keep up to date on the latest legal developments in employment law. Hear from the former Deputy President of the Fair Work Commission. Gain essential knowledge of the most topical workplace issues today, including casualisation, engaging the new hybrid work model, employees vs contractors, and regulation and compliance regarding wage underpayments. In the afternoon, explore vicarious trauma, mental health challenges and drug and alcohol issues. WEB2111N40
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Workplace Regulation and Compliance
Chair: John West KC, 7 Wentworth Selborne Chambers; Leading Employment Law Senior Counsel, Doyle’s Guide 2021
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am Reflections and Insights – 23 years at the Bench
Presented by Peter Sams, Former Deputy President of the Fair Work Commission
9.50am to 10.35am Restructuring the Employment Framework to Engage in a Hybrid Workforce Model
- Re-designing the workforce post COVID
- A realignment of principles and polices
- Industrial risks
- Working hours, overtime, time and wage underpayments
- Employment risks
- Workers compensation issues
- Bullying
- Discrimination
- Meeting protocols
- Does greater flexibility lead to less engagement?
Presented by Matthew Robinson, Partner, FCB Group
10.35am to 10.50am Morning Tea
10.50am to 11.35am The Employees vs Contractors Conundrum
- A summary of existing principles to determine the status of a worker
- The challenges for businesses and workers in having certainty
- Recent cases, including from the app/digital world like Uber, Foodora and Menulog
- Can anything be gleaned from the recent High Court decision in WorkPac v Rossato?
- The High Court of Australia again considering the conundrum in 2021: what it is all about and what to expect
Presented by James Mattson, Partner, Bartier Perry
11.35am to 12.20pm Countdown to Casual Conversion: What does the Future Hold?
- Casualisation trends
- WorkPac v Skene, WorkPac v Rossato and what is coming next?
- New definition of casual employees under Fair Work Act 2009: Does it work?
- Casual conversion provisions and managing casual conversion in the workplace
- Regular and systematic casuals: What happens if an employee works fixed hours but will not convert?
- The risks from using long-term casuals
- How to be best protected from ‘double dipping’ claims: new contract wording
- Casual employees entitlements: sleeper issues
Presented by Brett Feltham, Partner, Gadens
12.20pm to 1.05pm Regulation and Compliance: A Review on the State of Play Regarding Wage Theft and Underpayments
- FWO’s approach to underpayment investigations
- FWO’s powers to investigate and demand information
- If, when and how to approach the FWO voluntarily if a problem has been identified
- When (and if) to object to providing information to FWO
Presented by Ben Dudley, Partner, Seyfarth Shaw
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Mental Health, Addiction & Trauma in the Workplace
Chair: Ben Fogarty, Barrister, Denman Chambers
2.00pm to 3.00pm LEGAL AND MEDICAL PERSPECTIVES: How to Manage Staff with Mental Health Challenges
- Understanding mental health and mental illness at work
- Being prepared and proactive: consideration of what can be done to minimise mental health challenges at work and reduce the negative impacts
- Supporting staff who are experiencing mental health challenges
- Return to work considerations
- Tools and tips
Presented by Lucy Shanahan, Partner, Kingston Reid and Kylie Young, Principal Psychologist, Kylie Young Consulting
3.00pm to 4.00pm Vicarious Trauma in the Workplace
- Distinguishing between burnout and vicarious trauma
- Who is susceptible to vicarious trauma and what are the impacts (on individuals, workplace etc)?
- What are the warning signs?
- Practical strategies for managing vicarious trauma in employees
Presented by Danny King, Principal, Danny King Legal
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Drugs and Alcohol in the Workplace: Testing, Identification and Management Thereafter
- Methods of testing, including the need for concentration cutoffs
- Inadvertent exposure vs consumption: indicators and metabolites
- Incidence of use
- Working remotely: managing consumption and addiction – to sack or support
Presented by Darien Nagle, Barrister, H B Higgins Chambers; Recommended Workplace Health and Safety Junior Counsel, Doyle’s Guide 2021
Presenters
John West KC
Mr West QC was called to the NSW Bar on 1st August 1975 and subsequently was admitted in other jurisdictions. He was appointed King’s Counsel in NSW on 1st November 1989 and thereafter took silk in other States and in the ACT. He has maintained a wide-ranging practice throughout his career appearing in Courts of first instance, at intermediate and appellate level, and in the High Court of Australia. He has regularly appeared in both State and Federal Courts and tribunals in NSW across Australia and for some 5 years, in Papua New Guinea.
Peter Sams
Since retiring from the FWC as Deputy President of the Commission in January 2021, Peter has established a business - ‘PJ Sams Employment and IR Services’ - which provides strategic and specific employment and industrial relations advice to companies and organisations, including mediations, private arbitrations, workplace investigations and assisting in negotiations for enterprise agreements. He was also President of the NSW Branch of the ALP between 1997 and 1998. He is a former director of Sydney Water Corporation, Federal Airports Corporation, the Maritime Services Board of NSW, Chifley Financial Services and Labour Union Insurance.
Matthew Robinson
Matthew is a Partner and solicitor with FCB Workplace Law. Based in FCB’s Sydney office, he has been advising clients on industrial relations and employment matters for over twenty years. He is an accredited specialist in workplace and employment law in New South Wales, recommended in Doyles Guide 2021 and also received a Legal Innovation Award for his work in the development of large scale underpayment calculators. He has special expertise in assisting a wide range of industries and is an experienced litigator across numerous Federal & State tribunals and superior Courts.
James Mattson
James Mattson has 20 years of experience on the complete range of employment law and industrial relations matters. James has been at Bartier Perry for over 15 years and is the Practice Head of the Workplace Law & Culture Team at Bartier Perry. James regularly acts for employers in the government and private sector. James regularly helps management and HR apply holistic and lasting solutions to workplace issues and in particular often helps dealing with complaints and grievances, managing difficult employees and resolving complex claims involving awards, agreements and employment contracts. He also often represents clients in court as an advocate in unfair dismissal, adverse action and discrimination claims.
Brett Feltham
Brett Feltham is a Partner in the Employment team of Gadens, a leading independent law firm. Brett has over 24 years’ experience, and is a Law Society of New South Wales Accredited Specialist in employment and industrial relations law. Brett is Co-Chair of the Law Society's Employment Law committee and a member of the relevant accreditation committee. Brett provides assistance to clients in relation to employment, workplace relations, discrimination and workplace health and safety issues, from both an advisory and contentious perspective. This includes assisting clients on all facets of the employment life cycle from pre-employment, performance, and conduct issues.
Ben Dudley
Ben has been practicing for almost 20 years, acting across almost all major industries in Australia, in all of the courts and tribunals, and in relation to the spectrum of employment and industrial disputes that might arise. Ben surpasses expectations for accurate, speedy, concise, and commercial advice by using a "hands on" approach in each of his clients' matters. He enjoys working with his Seyfarth team. Ben is proud that in a very short time frame, the firm has built the leading employment and industrial law practice in Australia.
Ben Fogarty
Ben Fogarty is a barrister at Denman Chambers, Sydney, with expertise and interest in discrimination law, guardianship and mental health law, criminal law and employment law. Prior to being called to the bar in 2011, Ben was the senior solicitor at the Homeless Persons' Legal Service. He has also been the Acting Director of Pro Bono at Gilbert+Tobin Lawyers, the principal solicitor at the Intellectual Disability Rights Service, outreach solicitor at the Darwin Community Legal Service and the principal solicitor of the NSW Disability Discrimination Legal Centre. He has also worked at Redfern Legal Centre and the Inner City Legal Centre.
Lucy Shanahan
Lucy helps clients create a better future for their businesses by helping them successfully navigate their most difficult and complex employee issues and industrial challenges. She is an experienced investigator and is regularly engaged to facilitate and report on complex and sensitive employment-related investigations. A highly experienced litigator, Lucy assists clients on a range of contentious employment and industrial relations issues. These include applications relating to bargaining and industrial action, unfair dismissal and bullying claims, actions by senior executives, and post-employment restraint matters. She has appeared in the Federal Circuit Court and Federal Court in multiple adverse action and harassment claims.
Kylie Young
Kylie Young is a registered psychologist with 20 years of experience providing specialist support in both organisational and clinical contexts. She is passionate about supporting organisations and leaders to create environments where people can work to their full potential, while maintaining good mental health and wellbeing. Her core focus areas are assessments, leadership development, coaching, wellbeing and workplace mental health initiatives. Kylie has post graduate qualifications in both clinical and non-clinical psychology specialities, which enables her to support people across the entire wellbeing continuum, from people who are experiencing psychological distress through to supporting people to flourish and achieve peak performance.
Darien Nagle
Darien Nagle was called to Bar in 2007. Prior to his call he was the Associate to Justice Anna Backman in the Industrial Court of NSW from 2005 until 2007. Darien prosecutes and defends WHS matters including being involved in the long running Hunter Quarries matters. He appears in disciplinary proceedings and coronial proceedings for police officers and members of the Public Service Association. Darien also appeared in the Banking Royal Commission, Trade Union Royal Commission and several long running ICAC matters.