Program Overview

• Workplace Relations Conference - Friday 26 Feb
  • 8:50 AM Webinar Launch
    The webinar will launch ten minutes before the conference begins. Log in early to test your settings and familiarise yourself with webinar features.
  • 9:00 AM Conference Opening & Welcome
  • 9:10 AM Keynote Address – The Regulator’s View

    Courtesy of the pandemic, the Fair Work Ombudsman (FWO) saw an unprecedented demand for its services since mid-March 2020 with the average number of calls to its infoline and FWO’s main and coronavirus websites increasing by over 40%.

    With the organisation at the frontline of navigating employment law complexities arising from the changes to awards and the Fair Work Act 2009 (Cth) in 2020, it is uniquely positioned to provide a perspective on current and future challenges as businesses and employees recover from the impact of COVID-19 .

    In this keynote session, Fair Work Ombudsman Sandra Parker will cover a range of critical issues including:

    • how the FWO is approaching enforcement, recovery and litigation policy
    • trends in the types of contraventions being referred to the FWO
    • considerations for employment practitioners to bear in mind when dealing with these contraventions

    
    Compliance area: Substantive Law

    Keynote: Sandra Parker PSM, Fair Work Ombudsman

  • 10:00 AM Wellbeing Break
  • 10:10 AM Paying the Piper: Penalties under the Fair Work Act 2009 (Cth)

    Courts are increasingly imposing significant penalties for serious contraventions of the Fair Work Act 2009 (Cth), with a recent Federal Court judgment ordering a café and its general manager to pay penalties in excess of $230,000 for multiple breaches of the Act and the Restaurant Industry Award 2010.

    In this context, it is essential that practitioners understand the complexities of how penalties are imposed and the potential personal liability that may apply to individuals involved in a contravention, even though they may not be the employer.

    This practical session will enhance your understanding of the penalties available for contraventions of the Fair Work Act 2009 (Cth), how they are applied by courts and how to support your clients who may be exposed to these penalties.

    Compliance area: Substantive Law

    Speaker: Fiona Knowles, Barrister, Victorian Bar, Accredited Specialist, Workplace Relations

  • 10:40 AM Morning Tea Break
  • 10:50 AM Flexible Working, Bullying Through a Screen & Restructures: Dealing with the consequences of COVID-19

    According to a national survey by the University of Sydney, 2020 precipitated the biggest change to work arrangements for Victorian workers, with 45% working from home during the pandemic compared to 20% beforehand. 

    Join our expert panellists as they discuss some of the hidden issues of the "working from home revolution" and risk areas to be aware of when advising on  or dealing with these issues themselves. Topics covered will include:

    • Bullying while working from home – employer expectations, communications and changing duties
    • Workplace safety when working remotely – what employers can do to ensure safer working spaces from home
    • Flexible working arrangements – where does this leave women in the workplace?
    • The impact of government policy changes – wage subsidies and consequent discrimination of older workers, and insolvency legislation changes and their impact on disadvantaged employees

    
    

    This session will incorporate a Q&A component where you will have the opportunity to ask the panellists questions about these issues and discuss your experiences.

    Compliance area: Substantive Law/Practice Management & Business Skills

    Moderator: Josh Bornstein, Managing Principal, Maurice Blackburn Lawyers

    Panellists:

    • Deputy President Clancy, Fair Work Commission
      
    • Michele O’Neil, President, Australian Council of Trade Unions
      
    • Melissa Scadden, Partner, Justitia
      

    
    

  • 11:40 AM Wellbeing Break
  • 11:45 AM Recent Employment Law Cases & Updates

    With the sheer volume of employment matters being heard before courts and tribunals on a daily basis, staying on top of case law developments relevant to your practice can be hard work. Add that to conflicting case authorities and the industrial relations reform on the horizon and before you know it, half a billable day disappears in legal research.

    This practical session will save you time and effort by covering the most recent developments in employment law, their significance for employers and employees and will offer tips that you can take back to the businesses you advise.

    Topics covered will include:

    • Workpac v Rossato [2020] FCAFC 84
    • Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29
    • An update on the government industrial relations taskforces and the reforms anticipated
    • Social media in the workplace – the rise and rise of employee activism through lockdowns
    • Decisions arising from the JobKeeper program including redundancies and enabling directions

    
    

    Compliance area: Substantive Law

    Speaker: Dimitri Ternovski, Barrister Victorian Bar

  • 12:30 PM Lunch & Virtual Networking
  • 1:15 PM Workplace Sexual Harassment: The legal profession’s reckoning

    One in four legal professionals have personally experienced sexual harassment in the legal sector within the last 12 months and 57% within the last 5 years.

    This experience is strongly gendered with women in the legal sector significantly more likely to have experienced sexual harassment in their careers (61%) when compared to men (12%).

    In the context of this data and the developments over the past year with high-profile business leaders and legal professionals facing allegations of sexual harassment, we have seen an exposition of what most members of the profession know to be true – that sexual harassment in the legal profession is longstanding and is an intractable problem in its incidence, reporting and effects.

    This highlight session will speak to the findings of the Respect@Work: Sexual Harassment National Inquiry Report (2020), what they mean for employment lawyers and the way forward for the profession.  

    Compliance area: Practice Management & Business Skills

    Speaker: Kate Jenkins, Sex Discrimination Commissioner, Australian Human Rights Commission

  • 2:00 PM Wellbeing Break
  • 2:05 PM It’s a crime!: Workplace manslaughter and wage theft in Victoria

    Victoria saw an increasing criminalisation of its employment related laws in 2020 following the introduction of workplace manslaughter and wage theft legislation.

    With workplace manslaughter now a criminal offence, employers may be exposed to up to $16.5 million in penalties with jail time also on the cards for directors and officers of up to 25 years. Similarly, with the Wage Theft Act 2020 (Vic), the new offences carry a maximum penalty for a company of $991,320 and imprisonment for up to 10 years.

    But what do these new laws mean for your practice and your clients? And how have courts interpreted and applied the new provisions? This insightful session will take you through the key elements to be on top of as you advise in this area and the proactive steps you can take to safeguard your client’s interests. 

    Compliance area: Substantive Law

    Speakers:

    • Matthew Minucci, Barrister, Victorian Bar
    • Rob Jackson, Principal, Rigby Cooke
  • 2:50 PM Wellbeing Break
  • 3:00 PM Resilience & Recovery Mindset

    Reflecting on the realities of how life has changed over the past year and as we emerge into a post-COVID world, this insightful session will focus on practical strategies you can employ to build resilience and manage your wellbeing.

    Compliance area: Professional Skills/Practice Management & Business Skills

    Speaker: Leann Jones, Principal Consultant, FBG Group

  • 3:45 PM Afternoon Tea Break
  • 3:50 PM Ethics at Work: Interactive panel discussion

    Join our panel for a thought-provoking discussion about some of the most frequent ethical challenges faced by employment lawyers.

    Moderated by Michael Dolan, the LIV’s Special Counsel – Ethics, our experienced panellists will share ethical issues they’ve encountered over their employment law career and how they resolved them to assist you to identify and manage these issues as they arise in your own practice.

    The panel’s discussion will focus on how employment lawyers can best balance their paramount duty to the court and the administration of justice with their duty to advocate fearlessly for a client.

    Compliance area: Ethics & Professional Responsibility

    Speakers:

    • Mr Chris Gianatti, Director, Kelly Hazell Quill
    • Ms Carol Andrades, Consultant, Gordon Legal
    • EJ Wise, Principal, WiseLaw

    
    

    Moderator: Michael Dolan, Special Counsel, Ethics and Professional Practice, Law Institute of Victoria

  • 5:00 PM Conference Close