Workplace Law Summit
Don’t miss this comprehensive program. Be guided through current & emerging issues in this period of change & legislative reform in workplace law. Understand the legal implications of the new government on the employment landscape, examine protected industrial action reform, take a practical look at Applications and Submissions in the Fair Work Commission. Focus on the risks, duties & liabilities in categorising the employment contract, restraint of trade, sexual harassment & the hybrid workplace. 233V12
Description
Attend and earn 7 CPD units including:
6 units in Substantive Law
1 unit in Professional Skills
This program is based on VIC legislation
Session 1
Workplace Risks, Duties and Liabilities
Chair: Christopher McDermott, Barrister, Aickin Chambers
9.00am to 10.00am Independent Contractors vs Employees
Presented by Michaela Moloney, Partner, K&L Gates; Best Lawyers in Australia 2022, Lawyer of the Year’ for Employee Benefits Law, Labour and Employment Law
10.00am to 11.00am Restraint of Trade and Breach of Confidential Information
- Best practice drafting and enforceability of restraint of trade clauses
- Protecting confidential information
- What to do if you suspect there has been a breach
Presented by George Haros, Partner, Gadens, and Diana Diaz, Special Counsel, Gadens
11.00am to 11.15am Morning Tea
11.15am to 12.15pm Protected Industrial Action under the Fair Work Act 2009 (Cth)
- Protected industrial action: what is it and what are the consequences?
- Legal requirements for taking protected industrial action: before, during and after
- Payments for protected industrial action
- Suspending or terminating protected industrial action
Presented by Kaitlyn Gulle, Partner; Leading Employment Lawyer, Doyle’s Guide 2022; Accredited Specialist, Workplace Relations and Hilary de Guingand, Lawyer, Lander & Rogers
12.15pm to 1.15pm Sexual Harassment from a Safety Perspective
- Analyse the ministerial taskforce response to government recommendations on workplace sexual harassment
- Examine risks posed by psychosocial hazards in the workplace with changes to the Occupational Health and Safety Act and amendments to the Model WHS Regulations
- What’s the duty of care for employers and PCBU’s?
Presented by Dominic Fleeton, Partner, K&L Gates; Best Lawyer in Australia 2022, Lawyer of the Year’, Occupational Health and Safety Law
Session 2
Workplace Law Challenges, Reforms and Skills
Chair: Cameron Hannebery, Special Counsel, Lander & Rogers; Recommended Workplace Health and Safety Lawyer, Doyle’s Guide 2022
WORKPLACE LAW CHALLENGES OF THE HYBRID ENVIRONMENT
2.00pm to 2.45pm Requiring Employees to Work
- The so-called ‘right’ to work from home and flexible working requests
- Working from the office: inherent requirement or reasonable and lawful direction
- Overview of recent decisions
- Other considerations when directing a return to the office, eg. work health and safety
Presented by Joanna Bandara, Special Counsel and Alex Kostas, Associate, HMB Lawyers
2.45pm to 3.15pm Legal Obligations for Managing a Remote Workforce
- Laws applicable to a remote workforce
- Legal duties and obligations owed to workers in remote workplace
- How to manage the employment and safety risks that arise in remote workplaces
Presented by Caroline Mense, Principal Lawyer, Legal Enablers
3.15pm to 4.00pm The Australian Federal Election and Workplace Reform
Analyse the results of the Federal election and the effect those results have had on law reform. You will examine significant key areas of change, and the workplace regulatory area dissected as you look at the impact of the election and consequent changes to the landscape.
Presented by Claire Brown, Principal Solicitor, KHQ Lawyers; Best Lawyers 2022, Labour & Employment Law
4.00pm to 4.15pm Afternoon Tea
Professional Skills
4.15pm to 5.15pm Preparing Applications and Submissions in the Fair Work Commission
- First instance: preparing the application
- Submissions at first instance in the Fair Work Commission
- Notices of appeal: what are your grounds?
- Appeal submissions
Presented by Brendan Avallone, Barrister, Foley’s List; Preeminent Employment Law Junior Counsel, Doyle’s Guide 2022
Presenters
Chris McDermott
Chris McDermott is a Barrister at the Victorian Bar, specialising in employment law, industrial law, anti-discrimination law, administrative law, workplace investigations, Royal Commissions, public inquiries and coronial inquests, disciplinary proceedings, class actions and major torts, and intentional torts and civil claims. He regularly advises and appears for Commonwealth and State Government departments and statutory agencies. He has extensive experience in governance as a board director of not-for-profit organisations, including in organisations specialising in public health, legal services and law reform, and social justice. He is currently the Deputy Chair of Mental Health Victoria Ltd, the Secretary of the Victorian Bar’s Indigenous Justice Committee, a member of the Industrial Bar Association Committee and a member of the Australian Bar Association’s Diversity & Inclusion Committee.
Michaela Moloney
Michaela Moloney has over 20 years expertise acting in all aspects of employment, industrial and discrimination law matters. A key part of her practice includes providing litigation support for both public and private sector organisations. Michaela conducts workplace investigations and has also assisted a number of clients manage outsourced investigations. Michaela also provides advice in relation to performance management, disciplinary issues, managing ill and injured workers, enterprise bargaining and termination of employment. Michaela manages a large litigation practice and has developed significant expertise in quickly identify key legal issues in dispute, working with key stakeholders to determine an appropriate litigation strategy and where matters are unable to resolve, determining an approach to proceedings to ensure that they can be run in a cost effective manner and taking into account organisational objectives. Michaela has successfully defended a number of unfair dismissal, discrimination, general protections and breach of contract in the state courts and the Federal Circuit Court of Australia and Federal Court of Australia. Michaela is highly regarded by clients for her ability to think outside the square taking a practical and proactive approach in seeking to achieve a favourable and early resolution of matters. In addition, Michaela is a mediator and is able to facilitate mediations in all areas of employment and industrial law including bullying, discrimination and sexual harassment.
George Haros
George practices in commercial, employment, industrial relations, and property law particularly with respect to disputes arising in those areas. George is highly acclaimed for his advice to major corporates, senior executives and elite sportspersons in high profile employment and litigation matters, and is often called upon where the protection of reputation is a key focus. George offers industry-specific knowledge in a number of areas, including sport, construction, technology, professional services, transport, manufacturing, security and hospitality. George’s management background combined with his practical experience as a lawyer enables him to offer valuable and strategic insights to his clients. He has a deep understanding of the issues associated with operating a business and can provide considered, commercial solutions to clients. Whether they are multinationals, start-ups, established SME's, senior executives or high profile sportspersons, George provides his clients with tailored advice to assist them in meeting their objectives.
Diana Diaz
Diana has extensive experience advising corporate clients on a broad range of matters including enterprise agreement making, managing workplace change and restructuring, terminations, disputes, workplace investigations, training and HR policies, remuneration and benefits and business protection issues.Diana also regularly advises clients on compliance matters including award and enterprise agreement interpretation and Fair Work Ombudsman investigations. Advising on employment issues arising from mergers and acquisitions, Diana is regularly involved in due diligence reviews, the employment aspects of sale and purchase agreements and providing ancillary advice on recognition of entitlements and service, transfer of employment, Fair Work Commission applications and redundancies.
Kaitlyn Gulle
Kaitlyn is a leading workplace relations lawyer who is sought after by clients for her technical expertise and commercial advice on all aspects of the employment relationship and defence of legal proceedings. She is regularly instructed by private and public sector employers to assist in complex industrial, discrimination and general employment matters. Clients appreciate her ability to apply her deep knowledge of the law in this area to achieve excellent commercial outcomes. Kaitlyn has significant experience across all areas of general employment, industrial relations and discrimination advice and litigation. Kaitlyn provides clients with strategic advice on issues including application of awards and agreements; obligations under anti-discrimination legislation; enterprise agreement negotiations and disputes; employee entitlements; workforce restructuring and change management; protecting confidential information and intellectual property; responding to regulators; and conducting complex workplace investigations. Kaitlyn has a particular interest in discrimination law and assisted in writing a handbook on discrimination law for the Victorian Equal Opportunity and Human Rights Commission. Kaitlyn is an expert litigator and has represented public and private sector clients in all jurisdictions including the High Court of Australia; Federal Court (and Full Court); Federal Circuit Court; Fair Work Commission; State Courts (Supreme, County, Magistrates' and Coroner's) and Tribunals (Victorian Civil and Administrative Tribunal; Mental Health Tribunal; Victorian Equal Opportunity and Human Rights Commission). Kaitlyn is a director on the board of OC Connections.
Hilary de Guingand
Hilary is a lawyer in Lander & Rogers' Workplace Relations & Safety team in Melbourne. Hilary has diverse experience in all aspects of workplace law. She has worked in the field since 2018 and was admitted to practice in 2019. Hilary approaches legal advice and disputes from a practical, commercial perspective for both private and public sector clients with a mind to their operating environment. She has advisory and litigious experience spanning a wide range of sectors, from financial services and telecommunications, manufacturing and supply chain, to health, education and government services. Hilary has a keen interest in industrial relations and has worked with clients in a range of matters from bargaining strategy to responding to industrial action - both protected and unprotected. Some of Hilary's career highlights include: assisting a stevedoring client in defending multipronged litigation and making a claim for damages relating to unprotected industrial action across various jurisdictions, including the Supreme Court of Victoria, Federal Courts and the High Court; advising a telecommunications company on the employment and industrial impacts of a major corporate restructure; responding to various protected industrial action campaigns in the higher education sector including work stoppages and; advising a government department on the proposed restructure and insourcing of a government agency and transfer of business implications, including in depth comparison and analysis of enterprise agreement terms.
Dominic Fleeton
Dominic is an experienced industrial relations, safety and employment adviser and litigator. Whether a client is seeking proactive assistance to shape a strategy for a project, transaction or emerging issue, or seeking representation in responding to an active claim or proceeding, Dominic identifies the client’s objectives and priorities, works with them to formulate options that are geared towards achieving them, and then pursues the chosen course of action with energy, efficiency and enthusiasm. Dominic takes great pride in assisting clients to develop and successfully implement industrial relations strategies and, in doing so, achieving their desired objectives, such as bargaining and obtaining approval of an enterprise agreement, achieving structural change or completing a major project without unnecessary disputation and delay. Dominic is an experienced safety law practitioner who provides services across the board - from proactive compliance advice for employers, Boards and senior managers, to representation in response to regulator enquiries and investigations, to crisis management support in the aftermath of major safety incidents.
Cameron Hannebery
Cameron is a highly experienced OHS and criminal law practitioner. Cameron was Telstra's in-house health and safety legal counsel for 9 years prior to joining Lander & Rogers. Cameron was admitted to practice in 2001 and joined Lander & Rogers in 2018.
Joanna Bandara
Joanna practices exclusively in the employment, IR and OHS space and has extensive experience particularly in OHS. Joanna works closely with her clients and takes a practical approach to the law, providing advice that is both comprehensive and straightforward. Outside of work, Jo loves bushwalking and is happy to take recommendations on the best day walks in Victoria or further afield. She also enjoys travelling and camping. Joanna is admitted to the Supreme Court of Victoria as well as the Federal and High Courts of Australia.
Alex Kostas
Alex is as Associate at HMB Employment Lawyers, a boutique Melbourne firm dedicated to advising and representing clients in employment, industrial relations and occupational health and safety matters. Originally from Canada, Alex holds a Bachelor of Laws from Monash University and has practiced in employment law for several years. Prior to joining HMB he worked for a leading plaintiff firm where he prepared and ran hundreds of general protections and unfair dismissal cases each year on behalf of individuals. In his current practice he advises Australian businesses across numerous industries on all employment-related matters, but he takes particular enjoyment in defending unfair dismissal and general protection claims from ex-employees. Having presented on key employment law topics for HR representatives and in-house legal counsel in the past, Alex believes it is key for all businesses (and the practitioners advising those businesses) to be aware of the risks inherent in the Australian employment law landscape.
Caroline Mense
Caroline Mense is the founder of Legal Enablers, a for-purpose law firm.
She is an experienced employment and commercial lawyer. Caroline acts for senior executives and enterprise clients. She advises on executive appointments, complex investigations, workplace rights and disputes.
She is a regular conference presenter on employment law and legal practice. Her presentations are always well-researched and thought-provoking, speckled with humour, stories and practical scenarios so her audience leaves the room feeling refreshed and well equipped. Her article, 'How to Conduct a Workplace Investigation' was featured in the December 2022 edition of the Law Institute of Victoria Journal.
Outside of work, Caroline enjoys business books, meditation and rock music.
Claire Brown
Claire is a Principal Solicitor in our Workplace Relations & Safety team. Claire joined KHQ in 2014 with over fourteen years’ experience in operational workplace relations and HR across a wide range of industries, including transport and logistics, mining and resources, emergency services, health and education. Claire provides advice across the full range of industrial and employment matters, including enterprise bargaining strategy, industrial disputes, management of organisational change and employment litigation (including unfair dismissals, adverse action, bullying and discrimination matters). Further, Claire’s operational background means she can provide commercial and practical day to day assistance that is particularly valued by her workplace relations and HR practitioner clients. In doing so, she focuses on providing practitioners with specific procedural guidance, rather than convoluted and impenetrable ‘legalistic’ advice. Claire … attracts praise for her “invaluable experience and ability to quickly sort the wheat from the chaff” – Legal 500 Asia Pacific 2019. Based in Melbourne, Claire regularly travels to Perth, Sydney and Brisbane to assist clients on the ground across a range of industries, including professional services, telecommunications, construction, resources, infrastructure and transport. Claire also regularly appears in the Fair Work Commission and State and Federal courts and delivers practical and engaging seminars on a range of workplace relations matters to clients nationally.
Brendan Avallone
Brendan Avallone joined the Victorian Bar in October 2015 with over fifteen years' experience in employment, industrial relations and discrimination law. With a solid reputation as a leading expert in this practice area, Brendan Avallone has an extensive and impressive client list, having acted for and advised Commonwealth and Victorian Government Departments and agencies, and private sector employers in some of the most high profile industrial disputes in Australia in recent times. He has appeared in the Fair Work Commission and its predecessors, and the Courts, in matters regarding industrial action, protected action ballot applications, industrial disputes, unfair dismissal applications and underpayment claims. Prior to the Bar, Brendan was Special Counsel in the Human Resources and Industrial Relations group of a major law firm. He is a regular presenter on topics such as enterprise bargaining, industrial action, adverse action, bullying, social media for employers and sham contracting.
Venue
RACV City Club
Level 2, 501 Bourke St
Melbourne 3000
VIC
Australia
Parking information
Parking is not included in you registration. Here are some options below.
RACV City Club Car Park. Click here to view rates
Directions
Nearby Public Transport:
Tram Stations - William/Bourke St or Queen/Bourke St
Bus Interchange - Little Collins St or Supreme Court