Workplace Law Summit: The Key Issues
The headlines in the employment law space in the last 12 months have placed employment lawyers, in-house counsel and HR professionals on the edge. Respond by gaining insights from an expert legal panel. Explore the hot topics including the conundrum between contractor and employee, wage theft, and a practical guide to adverse action. Focus also on the key areas impacting the workplace including mandatory vaccinations, sexual harassment and the new legal challenges of the hybrid workplace. 223Q06
Description
Attend and earn 7 CPD units in Legal Knowledge
This program is applicable to practitioners from all States & Territories
Session 1
Practical Insights on Key Developments in the Workplace
Chair: Peter Roney KC; Recommended Employment Law Senior Counsel, Doyle’s Guide 2021
9.05am to 9.50am The New and Challenging Hybrid Working Environment
While we’ve been counting COVID cases, a quiet revolution has been taking place in the workplace landscape, called working from home. Microsoft has declared WFH as ‘the new normal.’ Employers will need to dust off their health and safety policies, dress codes and performance assessment criteria to be able to navigate these key issues:
- Terminating a WFH arrangement: recent court/commission decisions
- Can an employee be compelled to see clients in the home?
- WFH as a ‘reasonable adjustment’
- Domestic violence during work hours while WFH: is an employer liable?
- Mental and physical fatigue due to overwork and 24 hour response timeframes: employer safeguards
Presented by Susan Moriarty, Principal, Susan Moriarty and Associates
9.50am to 10.35am Mandatory Vaccinations in the Workplace
- Understanding the legal issues (including contract, privacy, discrimination, work health and safety and common law)
- Exploration of the case law to date
- The road ahead
Presented by Mitchell Devine, Principal, Devine Legal; Accredited Specialist in Workplace Relations and Personal Injuries; Recommended Employment Lawyer, Doyle’s Guide 2021
10.35am to 10.50am Morning Tea
10.50am to 11.35am A Practical Guide to Adverse Action Matters in the FCCA
A practical guide on how to commence or defend an adverse action proceeding and the main steps along the way, including:
- Discovery
- Affidavits
- The hearing
- Damages
Presented by Shannon Moody, Barrister, Sir Harry Gibb Chambers
11.35am to 12.20pm Sexual Harassment in the Workplace
- Recent changes to legislation
- Recent awards of compensation
- Messages to take to an organisation’s Board
Presented by Peta Willoughby, Barrister and Rachel Varshney, Barrister, Level 16 Inns of Court
12.20pm to 1.05pm 557C of the Fair Work Act
Examine the amendment to the Fair Work Act 2009 (Cth). Through a case study you will consider:
- What does the provision mean?
- What is the onus?
- What evidence is relevant?
- How to consider over time claims (pre and post amendment)
Presented by Lisa Willson, Barrister, 35 West Chambers
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Employment Status and Payment Liabilities
Chair: Andrew Herbert, Barrister, Inns of Court
2.00pm to 3.00pm Breaking News: If it Walks like a Duck….is it a Contractor Duck or an Employee Duck?
- The current status of the employee vs contractor debate
- Levels of legal risk with contractor arrangements
- February 2022’s High Court decisions in CFMMEU v Personnel Contracting and ZG Operations v Jamsek
- What do the latest High Court decisions mean for employers now?
Presented by Wendy Fauvel, Executive Counsel, Herbert Smith Freehills
3.00pm to 4.00pm Redundancy Considerations in Light of the Global Pandemic
- Considerations, tips and traps when advising employers on restructures and redundancies
- The jurisdictional objection for genuine redundancies under Part 3-2 of the Fair Work Act 2009 (Cth)
- Fair Work Commission processes in dealing with jurisdictional objections for genuine redundancies under Part 3-2 of the Fair Work Act 2009 (Cth)
- Recent case examples in light of COVID-19 and the JobKeeper schemes
- Considerations in re-hiring previously redundant employees
Presented by Gemma Sharp, Special Counsel
4.00pm to 4.15pm Afternoon Tea
4.15pm to 5.15pm Wage Theft
- Introduction of wage theft legislation
- In what circumstances can a director or manager be charged for wage underpayments?
- Can you act for the company and the director?
Presented by Charles Massy, Barrister, More Chambers; Pre-eminent Employment Law Junior Counsel, Doyle’s Guide, 2021
Presenters
Peter Roney KC
Peter Roney's professional practice has been both broad and focused. He mainly practices in commercial law but was included in the recently published 2022 Doyle’s guide as one of the top 4 leading Queensland King’s Counsel the areas of employment, industrial relations and workplace safety matters in Queensland. He has represented the Qld bar on the Law Council of Australia's Equal Opportunity Committee for more than 5 years. He sits and has sat as a member of Queensland Civil and Administrative Tribunal particularly in the Human Rights division since QCAT was created. He is the Chair of the Qld Bar's Equal opportunity and Diversity Committee.
Susan Moriarty
Susan Moriarty is a former Chief of Staff to the State Attorney-General. In 1999, she established her own law firm specializing in human rights and employment law and over the past 23 years developed an expertise in advising and representing public service professional managers and health practitioners in the areas of discrimination, dismissal and disciplinary proceedings. She is consistently named one of the 3 best employment lawyers in Brisbane as well as one of the 7 best Unfair Dismissal law firms. In 2014 and again in 2015 her firm won the International Business Magazine Award for Australian Discrimination Law Firm of the Year. For several years, including 2020, her Practice is one of only 9 law firms recommended by the Doyle’s Guide for Employee Lawyers in Queensland. In 2022, the firm again appeared in the Doyle’s Guide to Best Employee Lawyers.
Lisa Willson
Lisa Willson started at the private Bar in February 2008. Lisa is formally qualified in the area of health and safety having completed a Bachelor of Applied Science (Occupational Health and Safety). Lisa's practice areas focus on employment law and personal injury. She facilitates mediations for court referred matters under the Fair Work Act 2009. Lisa is a current Counsel Panel member for the Workers’ Compensation Regulator in QIRC matters and a previous Counsel Panel member of WorkCover Queensland. Lisa is a Nationally Accredited Mediator, through the Resolution Institute.
Shannon Moody
Shannon Moody is a Queensland barrister, and has practiced in Brisbane and Melbourne since 2002. Shannon specialises in property law and, in particular, the body corporate law. Shannon frequently gives advice in relation to caretaking agreements, for both bodies corporate and caretakers, and has a particular interest in issues relating to the termination of caretaking agreements.
Wendy Fauvel
Wendy Fauvel is an Executive Counsel in Herbert Smith Freehills’ Employment, Industrial Relations & Safety team based in Brisbane. Wendy helps clients tackle complex scenarios by providing targeted, practical and commercial advice on employment law issues. Wendy works with clients on all aspects of the employment lifecycle, including drafting or reviewing contracts and policies, managing issues such as poor performance and misconduct, entitlements and obligations, and conducting workplace investigations. Wendy has conducted a number of assessments of contractor arrangements, and has assisted an employer in a FWO sham contracting investigation, where no further action was taken against the client.
Annie Smeaton
Annie is a passionate advocate for her clients with many years of experience in all aspects of employment, industrial, anti-discrimination and school law. Annie is a recognised expert in her field of law in both Doyle’s Guide and Best Lawyers. Annie acts for large corporations and institutions as well as employers in the SMEs market, covering transport and logistics, manufacturing, energy, health and medical services and the professional services industries. Annie acts for a large range of independent schools, training institutions and institutions in the pre-university market. Annie also undertakes employment and regulatory law work in the health sector including for insurers of registered medical practitioners.
Sandra Barry
Sandra provides strategic advice, assistance and representation to employers with regard to all aspects of employment, industrial relations and safety. As a senior associate in Cooper Grace Ward’s workplace relations and safety team, Sandra advises a range of clients across various industries on issues such as compliance and duties under workplace health and safety legislation; unlawful discrimination and sexual harassment; the operation of employment contracts and restraint of trade provisions; award and enterprise agreement applicability, interpretation and provisions; dismissal risks and strategies; management of ill and injured employees; workers’ compensation claims; and general protections claims.
Charles Massy
Charles Massy is barrister at the private referral bar in Brisbane. He holds an LLB from QUT. From 2003 until 2015 he worked as a solicitor at Hall Payne Lawyers. Charles specialises in Industrial Relations and Employment matters. Charles regularly advises a wide range of unions and employees in the construction, electrical, mining, community, local government and public sectors. Charles also regularly advises senior executives on their contractual entitlements. Charles specialises in providing advice in relation to industrial disputes; the taking of protected industrial action; the approval of collective agreement and freedom of association.
Mitchell Devine
Mitchell Devine is the Principal, Devine Legal and a dual Accredited Specialist in Personal Injury Law and Workplace Relations. He holds a Bachelor of Laws and Masters of Laws and is a member of the Industrial Relations Society of Queensland, Australian Lawyers Alliance and Australian Labour Law Association. Mitchell was previously a member and chair of the Queensland Law Society Workplace Relations Advisory Committee. Mitchell lectures in employment law at the University of the Sunshine Coast and practises exclusively in areas of personal injuries and workplace relations. He is a recommended employment lawyer in the Doyle’s Guide from 2017 to date for both employer and employee representation.
Peta Willoughby
Peta Willoughby was admitted to the legal profession in 2009 and called to the Bar in 2021. She practises primarily in the fields of employment, industrial relations, work health and safety, regulatory litigation and administrative law.
Throughout her career, she has specialised in the resolution of difficult workplace and industrial disputes, including litigation. Peta is an experienced advocate before the State and Federal courts, and in a range of specialist commissions and tribunals. As a solicitor, Peta was recognised as Recommended by Doyle’s Guide for employer representation in Queensland. She has a particular interest in the ADR process for the effective resolution of claims and inter-relational concerns during the ongoing employment relationship.
Rachel Varshney
Rachel's practice is broadly commercial, with a particular interest in personal injury, workcover and workplace law. As an accredited NMAS Mediator, Rachel believes that alternative dispute resolution should be promoted as a cornerstone to all suitable matters.
Immediately prior to coming to the bar, Rachel practised as a generalist solicitor, with a focus on commercial law, with additional practice areas in personal injury, workplace law and family law. Alongside her advocacy work, she is also a director of a general medical practice, providing her with a unique insight into the practicalities and commercial considerations of the application of law to workplaces.
Gemma Sharp
As a special counsel in Cooper Grace Ward’s workplace relations and safety team, Gemma brings over 10 years’ experience providing advice on employment, industrial discrimination, and health and safety matters.
Gemma advises a range of clients across various industries, including retail, finance, early childhood and education, transport, and religious organisations on issues such as: compliance and duties under workplace health and safety legislation; unlawful discrimination and sexual harassment; the operation of employment contracts and restraint of trade provisions
In the past 12 months, Gemma has provided clients with a wide range of advice on legal issues arising from the COVID-19 pandemic, particularly in relation to its ongoing impacts for employers
Venue
Sofitel Brisbane Central
Level 2, 249 Turbot Street
Brisbane 4000 QLD
Australia
Parking information
Parking is not included in your registration.
There is parking within the hotel's onsite car park:
0 to 1/2 Hr $17.00
1/2 to 1 Hr $35.00
1 to 2 Hrs $42.00
2 to 3 Hrs $55.00
3 to 4 Hrs $65.00
4+ Hrs $65.00
Motorbikes $10.00
In-house Guests (24hr) $47.00
Valet Parking (24hr) $57.00
Lost Ticket $65.00
Directions
Sole entrance to the hotel from Turbot Street. The doors that lead from Central Station to the hotel will be locked and labeled “Meeting Point”, so guests will know where to start their journey. Displayed will be a QR code that when scanned will play a video of one of Sofitel Ambassadors guiding you to the Turbot Street entrance should you need direction. There is also directional signage installed on the walls & floor within Central Station that will clearly guide you to the hotel. Should you need lift assistance please let Sofitel know your travel details and they will have an ambassador escort you to a lift and into the hotel.
Alternatively, you can enter the hotel via Harelquin Jack (located within Central Station) Monday - Friday, 11:00am - 8:30pm.
For further assistance, please call the hotel on 0468 566 719 and one of the friendly Ambassadors will find you at the Meeting Point to guide you to the entrance.