Workplace Law Conference 2019
"Issues covered include: workplace law, industrial relations, legal interpretation and application, discrimination and bullying, the Fair Work Commission and workplace investigations
Description
With a multi-faceted approach, this panel of experts will address interpretation and application of the different laws that impact on discrimination and bullying at the workplace. The afternoon session will have the spotlight beaming on workplace investigations starting off with the Fair Work Commission Deputy President addressing how to carry out fair and effective workplace investigations.
Attend and earn 7 CPD units in Substantive Law
Session 1
Discrimination, Bullying and Adverse Action
Chair: Nicola Martin, Principal, Mccabe Curwood
9.00am to 10.00am: Interpretation of Federal and State Discrimination Laws: Employer Liability and the Exemptions
- The purpose and effect of exemptions and defences in discrimination laws
- General exemptions: carve outs from the operation of discrimination laws
- Special measures: charities, religious and voluntary bodies
- Public health
- Superannuation and insurance
- Compliance with specific laws
- Exemptions specific to particular areas or grounds
- Inherent requirements of the job
- Unjustifiable hardship
- Temporary exemptions granted by the AHRC or State bodies
- When to apply? When will an exemption be granted? The conditions
Presented by Sarah McCarthy, Barrister, 5 Wentworth Chambers
10.00am to 11.00am: “I Can't Believe it's not Lawful”: Political and Religious Belief Discrimination in the Workplace
- Identifying the laws which do and don’t prohibit religious and political discrimination
- Is there a, ‘It’s not your politics or religion, it’s our reputation’, get-out for employers?
- Lessons from cases, including Folau and Banerji, and potential legislative change
Presented by Angus Macinnis, Director of Dispute Resolution, StevensVuaran Lawyers
11.00am to 11.15am: Morning Tea
11.15am to 12.15pm: The Fair Work Commission’s Anti-Bullying Jurisdiction
- The scope of the jurisdiction
- Case examples from the FWC
- The role of workplace investigations in defending stop bullying order applications
- Using the anti-bullying jurisdiction for sexual harassment or other discrimination matters
Presented by Michael Byrnes, Partner, Swaab
12.15pm to 1.15pm: An In-Depth Guide to Adverse Action Claims
- Identifying an adverse action claim (amongst a host of other potential claims)
- When to pursue an adverse action claim (particularly when there are other competing remedies)
- How to commence an adverse action claim in the Fair Work Commission and Federal Circuit Court of Australia
- How to run an adverse action claim to hearing in the FCCA, including a discussion of useful practical tips along the way in relation to framing the claim, directions, pleadings, discovery, evidence, onus of proof, the hearing, and more
Presented by Jeffrey Phillips SC, State Chambers; Recommended Employment Law Senior Counsel, Doyle’s Guide 2018
Session 2
Workplace Investigations
Chair: Alice DeBoos, Managing Partner, Kingston Reid; Preeminent Employment Lawyer (Employer Representation), Doyle’s Guide 2019; Best Lawyers 2019, Labour and Employment Law, Occupational Health & Safety Law
2.00pm to 3.00pm: INSIGHTS FROM THE FAIR WORK COMMISSION: Best Practice in Conducting Fair and Effective Workplace Investigations
- Overview of the role of workplace investigations and their interaction with the Fair Work Act 2009 (Cth)
- Consideration of the do’s and don’ts in effectively conducting workplace investigations
- Case studies from the Commission
- Best practices in balancing the interests of key stakeholders involved in the investigation
Presented by Hon. Deputy President P Sams AM, Fair Work Commission
2.00pm to 4.00pm: Whistleblowing Laws: Their Protections and Impact on Workplace Investigations
- The expanded coverage of whistleblower laws: Who and what is now covered?
- What is required of organisations, and by when?
- What protections are available to whistleblowers?
- What constitutes detrimental conduct/reprisal and what are the consequences of taking (or threatening) it?
- How does this affect workplace investigations and how they are approached?
Presented by Bill Steenson, Principal Lawyer, Compliance and Investigations, Registered Organisations Commission
4.00pm to 4.15pm: Afternoon Tea
4.15pm to 5.15pm: Now the Investigation is Over… Repair, Resolve, Renew!
Covering the actions that can be taken to minimise organisational risk and repair workplace culture after a workplace investigation.
- Communication with participants and broader teams during an investigation
- Immediately after the investigation; communicating outcomes, dealing with disciplinary consequences and closure for participants. The role of mediation and coaching
- Going forward from the investigation, implications for broader workplace policy, workplace operations, EBA negotiations, culture reviews and remedial/refresher training
Presented by Jodie Fox, Director, Worklogic
Venue
Cliftons Sydney
Level 3, 10 Spring Street
Sydney 2000
NSW
Australia
Directions
Nearby Public Transport:
Train Stations - Wynyard 400m OR Martin Place 500m
Bus Interchange - Clarence Street 450m
Ferry - Circular Quay 1.2km
Parking Information
Parking not included in your 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