Employment Law Conference 2022
Workplace law reform is always a hot topic in a Federal Election year which is why it is it so important to reflect on the post-election impact. Examine the current and future political landscape and what it means for employment law. Analyse return to the office, the gig economy, set off clauses and claims, and general protections. Additionally, focus on discrimination, workplace investigations and employment law in corporate restructures. This is a program not-to-be-missed. 229N05
Description
Attend and earn 7 CPD units in Substantive Law
This program is applicable to practitioners from all States & Territories
Session 1
Workplace Law Reforms and Recent Developments
Chair: Ian Latham, Barrister, Denman Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2022
9.00am to 9.05am Opening Comments by the Chair
9.05am to 9.50am 2022 Australian Federal Election and Workplace Reform
In this session, you will analyse the results of the May Federal election and the effect those results have had on law reform. Significant key areas of change will be examined, and the workplace regulatory area dissected as we look at the impact of the election and consequent changes to the landscape.
Presented by Joe Murphy, Partner, Piper Alderman
9.50am to 10.35am The Evolving Regulation of the Gig Economy
- Summary of gig working and what it ordinarily encapsulates
- Upcoming reforms we can expect for gig working arrangements
- Changes in caselaw on independent contracting and its impact on gig working
- Advice on how to structure contacting relationships in the gig economy
Presented by Luis Izzo, Managing Director, Sydney Workplace, Australian Business Lawyersand Advisors
10.35am to 10.50am Morning Tea
10.50am to 11.35am Set Off Clauses and Claims in Employment: Principles, Cases and Practice
Recent employment litigation regarding casual employment has drawn attention to the question of whether an employer can set off payments such as over-award payments, against claims for employee entitlements. A well drafted set-off clause may provide protection to an employer where it has paid an employee over-award renumeration. In this session you will cover:
- Contractual set-offs
- Equitable set-offs
- Set-offs available by force of statute
- How set-offs interact with modern awards
- Tips for drafting set-offs in employment agreements
Presented by Adrian Barwick, Solicitor Director, WilliamsonBarwic
11.35am to 12.20pm Corporate Restructures, Sales and Employment Law
Employer legal obligations and procedures (including redundancy and consultation) and associated risks in relation to:
- Internal team and corporate unit restructures
- Sale sales
- Business / asset sales
Presented by Chris Hill, Principal Solicitor, Stadium Legal
12.20pm to 1.05pm Back to the Office
- Directing employees to return to the office
- The status of vaccination mandates
- Flexible work requests
- Legal issues relating to working from home: WHS, bullying and harassment
Presented by Michael Byrnes, Partner, Swaab
1.05pm to 1.15pm Final Q&A and Closing Comments by the Chair
Session 2
Disputes, Protections and Discrimination
Chair: Ken Brotherson, Barrister, 6 St James Hall Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2022
2.00pm to 2.45pm Complaints, Enquiries and Other Workplace Rights: An Overview of General Protections Claims under the Fair Work Act
You will explore the current state of the law determining when a person has a workplace right under the Fair Work Act, including:
- When a person "is able to make a complaint or enquiry”
- When a complaint or enquiry is "in relation to his or her employment”
- The meaning of "dismissed" in the context of adverse action claims involving dismissal
- The Fair Work Commission's power to dismiss an application on jurisdictional grounds
Presented by Megan Bowe, Founding Partner and Legal Practitioner Director, Dunn & Bowe Lawyers
2.45pm to 3.30pm Workplace Investigations: Best Practice and Recent Developments
- Key principles
- The investigation process
- Whistleblowing investigations in the workplace context
- Case studies and case law
Presented by Elizabeth Devine, Principal, Devine Law at Work
3.30pm to 3.45pm Afternoon Tea
3.45pm to 4.30pm Sexual Harassment Update: Where Are We Now?
- FWC stop sexual harassment orders: what they are
- Recent decisions by the FWC
- How have these decisions addressed sexual harassment?
Presented by Erin Lynch, Partner, Vincent Young Lawyers
4.30pm to 5.15pm The Impact Of #Metoo on Employment Law and Sexual Harassment Claims
This presentation will include a discussion regarding the impact of #Metoo on the legal profession and professions in general, including the likely changes to legislation given the new Federal government (by reference to the Respect@Work recommendations and to the Bar rules) and to cases including:
- Morrison v Australian National University [2022] FWC 301 & on appeal [2022] FWCFB 83
- Council of the New South Wales Bar Association v EFA [2021] NSWCATOD 21
- Vitality Works Australia Pty Ltd v Yelda (No 2) (2021) 307 IR 443
It will also discuss the impact of such changes on investigations
Presented by Kellie Edwards, Barrister, Denman Chambers; Recommended Employment Law Junior Counsel, Doyle’s Guide 2022
Presenters
Ian Latham
Ian Latham is a barrister at Denman Chambers specialising in employment and industrial law, particularly in the area of civil penalty. He has appeared in many civil penalty cases particularly ABCC v Parker (No 1) and (No 2), BKH Contractors Case (No 1) and (No 2) and FWO v ZNZ, FWO v A-Z and FWO v Robit Nominees. He writes for the Lexis Fair Work Act Service and the Lexis Industrial Relations Act (NSW) Service.
Joe Murphy
Joe is an employment relations lawyer with over 20 years’ experience specialising in workplace relations at mid-tier and employer associations. Joe’s experience extends to providing advice and representation in matters across Australian tribunals and courts, including the Fair Work Commission and the Federal Courts of Australia. Joe has also represented clients in various inquests and commissions of inquiry, including in the Independent Commission Against Corruption and various State Coroner’s Inquests and Inquiries. Regular matters in which clients require Joe’s expertise, include redundancies, unfair dismissals, general protections (adverse action) claims, executive and complex dismissals and separations, discrimination claims, industrial disputes, managing long and short term injured workers, troublesome workers compensation claims, employee fraud, employee privacy and surveillance, investigations (including in connection with whistleblower complaints), and the defence of underpayment claims brought by employees, unions and the Fair Work Ombudsman. Joe has extensive experience assisting clients with disputation between employers and their employees (whether dealing with employees collectively or individually). Joe has spent the last 10 years working exclusively with businesses across a vast range of industries and sectors, including information technology, SaaS, retail, hospitality, transport, manufacturing, construction, social & community services, and financial services.
Luis Izzo
Luis oversees ABLA's Sydney Workplace Relations practice and has over a decade’s experience practicing as a specialist employment and industrial relations lawyer acting for a broad range of employers across both the private and public sector. His advocacy experience in State and Federal Courts and Tribunals is extensive. In addition to achieving successful outcomes for clients as an advocate in numerous unfair dismissal and industrial dispute arbitrations, he acted as one of the lead employer advocates in the 2014/2015 Fair Work Commission Annual Leave Test Case as well as the highly publicised 2016/2017 Penalty Rates Test Case.
Adrian Barwick
Adrian was admitted as a Legal Practitioner of the Supreme Court of New South Wales on 1 December 1995 and has practised almost exclusively in employment and industrial law for over twenty years. In October 2005, Adrian obtained specialist accreditation from the Law Society of New South Wales in Employment & Industrial Law. With effect from July 2016, Adrian became the Solicitor Director of WilliamsonBarwick. Adrian acts for a wide range of private sector, local government, indigenous corporations, not-for-profit employers and senior executives, providing advice and support at every stage of the employment relationship. He has represented many clients in litigated disputes over the years and has appeared as an advocate in the Fair Work Commission, state industrial tribunals and courts, the Federal Circuit Court of Australia and the Federal Court of Australia. Adrian regularly presents at educational conferences on the topics of employment and industrial law. He has been peer reviewed in Doyle’s Guide as a Leading Employment Lawyer for 2018, 2019 and 2021.
Chris Hill
Chris has been an employment lawyer for over 10 years. Currently, Chris owns Stadium Legal, a boutique employment and commercial law firm. Chris directly advises large Australian and international companies and senior executives, and also regularly works with global law firm Allen & Overy as a consultant employment lawyer. Chris spent six years at Herbert Smith Freehills, practising mainly in employment law in one of Australia’s leading employment legal teams. Chris advised ASX listed Australian companies and international corporates across various industries including resources, financial services, pharmaceutical products, food and beverages, IT, agriculture, media and sports. Chris also worked in the firm’s Corporate/M&A and Disputes teams. More recently Chris has worked as an in-house employment lawyer at the Westpac Group and FOX SPORTS Australia (part of the News Corp group, also working with Foxtel, Foxtel Media and Kayo Sports). Chris has been listed by Doyles Guide Australia and regularly contributes to HRM Online and other publications. He volunteers for Kingsford Legal Centre and is a volunteer mentor for the Australian and New Zealand Sports Law Association (ANZSLA).
Michael Byrnes
Michael Byrnes is a partner of Swaab. He is a workplace relations lawyer with over 20 years' experience in assisting clients navigate employment and work health and safety issues. Michael runs specially tailored training programs and seminars for clients (including at board level). He also drafts and reviews workplace policies and undertakes complex and sensitive workplace investigations. As well as regularly presenting at conferences, Michael is often called upon for expert opinion in the media. He has appeared on numerous radio segments and regularly quoted in publications including The Australian Financial Review, The Age, Lawyers Weekly, Workplace Express, OHS Alert, SmartCompany, HRM Online and InTheBlack on workplace relations and WHS law issues. Michael is also a co-author of the LexisNexis publication "Annotated Fair Work Act & Related Legislation".
Ken Brotherson
Ken is a very experienced employment lawyer. He has acted for many years, principally for large and medium-sized employers, as well as senior executives. Ken was admitted as a solicitor in 1998 and called to the Bar in 2017. As a solicitor Ken was a partner specialising in employment law in both a top-tier and mid-tier Australian law firm. Prior to practising law, Ken had worked for a number of years in corporate industrial relations for two ASX-listed corporations.
Megan Bowe
Megan Bowe is a founding partner and legal practitioner director at Dunn & Bowe Lawyers. Megan has more than 14 years' experience in workplace and industrial relations law in all states and territories in Australia. She has assisted her clients across the entire employment life cycle from employee engagement, terms and conditions of employment and remuneration through to disciplinary and performance management processes and termination of employment. Megan works across a diverse range of industries including health and aged care, retail, manufacturing, banking and finance and professional services but has a particular expertise in the aged care industry.
Elizabeth Devine
Elizabeth Devine is a specialist in Australian employment law and conflict management. Elizabeth has been practicing law for 31years and has specialised in all aspects of Australian employment law and workplace relations for 26 years. Elizabeth is the Founder of Devine Law at Work, a Sydney based law firm and consultancy which provides services to employers across Australia and to their related businesses in Asia, the United Kingdom, Europe and Northern America. Devine Law at Work provides a full range of employment related services to employers in the private and public sector. Elizabeth’s qualifications include a Masters of Dispute Resolution, a Bachelor of Laws and a Bachelor of Arts. In addition to her legal expertise, she has skills and expertise in education, facilitation, mediation, workplace investigation and conflict coaching. In recognition of her expertise in workplace investigations, in 2017 Elizabeth was invited to be the inaugural Convenor of the Sydney Circle of the Australasian Association of Workplace Investigators (‘AAWI’) and to be a member of AAWI’s National Advisory Committee. In 2019, she was co-convenor of AAWI and also chaired a committee which organised and ran an international conference in Sydney on the topic of ‘Workplace Investigations: Risky Business?’ She provides Master Classes on Best Practice Workplace Investigations in Australia and overseas.
Erin Lynch
Erin has over 14 years’ experience in employment and workplace relations. Erin advises employers on all matters relating to the workplace, including enterprise agreements, bullying, investigations into inappropriate conduct, industrial disputes and performance management. Erin has experience across a range of industries and is able to assist employers in litigious and non-litigious matters. If a matter proceeds to litigation, Erin represents employers in State and Federal tribunals and Courts, including in post-employment restraint matters, general protections, discrimination and unfair dismissal claims. Erin works with clients in a proactive manner, including by delivering training and assisting with cultural and workplace change. Erin holds a Bachelor of Arts and Bachelor of Law from the University Of Wollongong and since 2018 has been teaching Law of Employment and Labour Regulation at the University of Wollongong. In 2014, Erin completed the Key Executives Program at Harvard Business School and was awarded one of the top 30 lawyers under 30 by Lawyers Weekly in employment and workplace safety.
Kellie Edwards
Kellie Edwards was called to the Bar in 2005 and is at Denman Chambers and is an accredited mediator and arbitrator. A large proportion of Kellie's practice is in the various employment and discrimination jurisdictions. She also accepts briefs in administrative, trade practices, common law, and restraints of trade cases. She is a qualified arbitrator and mediator and has advised and appeared in coronial inquiries. Prior to becoming a barrister, Kellie dabbled with the idea of becoming an architect and gained an Honours degree in Communications, however, she commenced Law and found her calling. As a solicitor, Kellie was an Associate at Dibbs Barker Gosling specialising in employment and discrimination law. From 1997 until 2003, Kellie was a member of the NSW Administrative Decisions Tribunal, sitting in the Equal Opportunity Division. Kellie applies her keen logic to every argument and works towards the best resolution of legal issues for solicitors and their clients. Working closely with her clients, Kellie identifies their goals and desired outcomes. In this way, she can clearly communicate to them the extent to which the law can help. Some of her recent cases may be viewed on her website: https://www.denmanchambers.com.au/barristers/#/kellie-edwards/. Kellie is regularly asked to present papers and seminars copies of which may also be viewed on the website. Outside of chambers, she enjoys spending time with family and friends, writing fiction, running, yoga, painting and music.
Venue
Legalwise Seminars - Pitt Street
Level 11 70 Pitt Street
Sydney 2000 NSW
Australia
Parking information:
Parking not included in you registration. Here are some options below.
Secure Park 20 Bond Street - click here for rates
Wilson Park 1 O'Connell Street - click here for rates
Wilson Park 31 Bond Street - click here for rates
Directions:
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km