LAW39 12th Workplace Law Fundamentals Roadshow

T | 61 2 9247 6000 F | 61 2 9247 6333 E | [email protected] W | akolade.com.au Produced by: 1

Expert Speakers:

BRISBANE

SYDNEY

MELBOURNE

Who should attend?• HR Managers and Directors• Workplace Relations Managers• Employee Relations Managers• People and Culture Managers

Key benefits of attending:• Learn how to use Individual Flexibility Arrangements (IFA) to improve productivity and reduce staff turnover

• Minimise the use of ineffective employment contracts through a thorough understanding of key clauses and terms

• Gain best practice techniques to successfully defend against adverse action claims

• Understand personal liability for HR Directors/Managers under the Fair Work Act 2009

• Develop systems and understanding to ensure procedural fairness in disciplinary and performance management measures

Endorsed by:

Ingrid AsburyDeputy PresidentFair Work Commission

Matthew FrancisHR Business PartnerInvocare

Renato MarascoHead of Employee RelationsRACV

Martin OsborneHead of Employment and Labour & PartnerNorton Rose Fulbright

Shae McCartneyPartnerClayton Utz

Fay CalderonePartnerDibbsBarker

Penny BrookeSenior AssociatePiper Alderman

Shannon ChapmanSenior AssociateAshurst

Catherine BerrySenior AssociateHerbert Smith Freehills

Hon. Jonathan HambergerSenior Deputy PresidentFair Work Commission


Joe MurphyDirector, Australian Business Lawyers & Advisors & NSW Business Chamber

David CrossPartnerNorton Rose Fulbright

Tim CapelinPartnerPiper Alderman


Talia FirthSenior AssociateAshurst

Shivchand JhinkuExecutive CounselHerbert Smith Freehills

Cilla RobinsonSpecial CounselClayton Utz

Val GostencnikDeputy PresidentFair Work Commission

Bevan GibbsGeneral Manager – Human Resources & Employee RelationsArrow Energy


Sarah RalphPartnerNorton Rose Fulbright

Tim LangePartnerPiper Alderman


Abigail CooperSenior AssociateAshurst

Melanie SmithSenior AssociateHerbert Smith Freehills

Amanda RatnamSpecial CounselClayton Utz

Applying practical strategies toreduce claims and liabilities

12th

Workplace LawFundamentals

7th March 2017 I Novotel, Brisbane

8th March 2017 I The Grace Hotel, Sydney

9th March 2017 I Crowne Plaza, Melbourne

EXCLUSIVE UPDATES FROM THE FAIR WORK COMMISSION


12th Workplace Law Fundamentals

Wednesday 8th March 2017The Grace Hotel, Sydney

PROGRAMME

Brisbane: Matthew Francis, HR Business Partner, Invocare

Sydney: Joe Murphy, Director, Australian Business Lawyers & Advisors & NSW Business Chamber

Melbourne:Bevan Gibbs, General Manager – Human Resources & Employee Relations, Arrow Energy

8:00 Registration opens9:00 Opening remarks from the Chair

9:10 KEYNOTE ADDRESS Latest updates from the Fair Work Commission

Brisbane:Ingrid Asbury, Deputy President, Fair Work Commission

Sydney:Hon. Jonathan Hamberger, Senior Deputy President, Fair Work Commission

Melbourne:Val Gostencnik, Deputy President, Fair Work Commission

9:50 Developing a clear policy on flexible working arrangements to reduce staff turnover • Meeting the National Employment Standards and modern award components of the Fair Work Act 2009 • Understanding the legalities of developing effective workplace flexibility policies – What are the employee’s rights – Who is entitled to consideration when requesting work from home allowances • What are the company’s right when it comes to workplace flexibility

10:30 Morning refreshments

12:20 Networking luncheon

Brisbane:Renato Marasco, Head of Employee Relations, RACV

Sydney:Renato Marasco, Head of Employee Relations, RACV

Melbourne:Renato Marasco, Head of Employee Relations, RACV

11:00 Undertaking performance management to avoid claims and legalities • Outlining key elements of an effective performance management policy • Avoiding common errors organisations make when dealing with performance management • Dealing with potential side-tracks and how to minimise claims

Brisbane:Penny Brooke, Senior Associate, Piper Alderman

Sydney:Tim Capelin, Partner, Piper Alderman

Melbourne:Tim Lange, Partner, Piper Alderman

11:40 Examining your personal liability as a HR professional for breaches of the Fair Work Act 2009 (Commonwealth) • Understanding the areas of individual legal liability HR Managers are most exposed to • Clarifying the key HR Practices most commonly before the courts • Practical takeaways to help you avoid a costly mistake • Case Law Review: Lessons for HR professionals from Cerin v ACI Operations Pty Ltd & ORS [2015] FCCA 2762.

Brisbane:Fay Calderone, Partner,DibbsBarker

Sydney:Fay Calderone, Partner, DibbsBarker

Melbourne:Fay Calderone, Partner, DibbsBarker

Tuesday 7th March 2017Novotel, Brisbane

Thursday 9th March 2017Crowne Plaza, Melbourne

Fantastic conference with great presenters speaking on relevant and current workplace topics.

- Jacki Manser, RACV



1:20 Sham contracting: Knowing who is an employee and who is an independent contractor • Understanding the factors which may contribute to determining the difference between an employee and an independent contractor • How to define a sham contracting arrangement with an in-depth analysis of the sham contracting provisions of the Fair Work Act 2009 • Determining the financial liabilities for contraventions of the sham contracting arrangements and reform opt-in provisions • Developing a take away ‘cheat sheet’ to ensure your organisation is free from breaching the sham contracting provisions

Brisbane:Martin Osborne, Head of Employment and Labour & Partner, Norton Rose Fulbright

Sydney:David Cross, Partner, Norton Rose Fulbright

Melbourne:Sarah Ralph, Partner, Norton Rose Fulbright

2:00 How employers can protect themselves and avoid costly mistakes when drafting employment contracts • How to include workplace policies in your contractual terms • Exploring employment contract best practice by using clear and unambiguous language • Intellectual Property provisions and restraint of trade clauses: how enforceable are they • Case law update and how this impacts the employment landscape

2:40 Afternoon refreshments

Brisbane:Catherine Berry, Senior Associate, Herbert Smith Freehills

Sydney:Shivchand Jhinku, Executive Counsel, Herbert Smith Freehills

Melbourne:Melanie Smith, Senior Associate, Herbert Smith Freehills

3:10 Ensuring workplace investigations withstand the scrutiny of the Fair Work Commission and the courts • Ensuring due diligence is followed in regards to reporting and allegation handling: – Investigation times – Evidence gathering – Following up of any workplace incidentals • Clarifying the intersection of the right to employee privacy and surveillance during investigations • Understanding the key legal definitions when undertaking investigations

Brisbane:Shannon Chapman, Senior Associate, Ashurst

Sydney:Talia Firth, Senior Associate, Ashurst

Melbourne:Abigail Cooper, Senior Associate, Ashurst

Brisbane:Shae McCartney, Partner, Clayton Utz

Sydney:Cilla Robinson, Special Counsel, Clayton Utz

Melbourne:Amanda Ratnam, Special Counsel, Clayton Utz

3:50 What you need to be aware of when your reasons for termination are deemed as valid by the FWC, but the dismissal itself is deemed unfair • Ensuring the employee is afforded procedural fairness • How to prove the reasons for termination were not harsh, unjust or unreasonable • What impact does the age and future employment prospects of the terminated employee have on the Commission’s ruling • Case Law Review: Gill v Jetstar Airways Pty Ltd [2016] FWC 1472: what the findings mean for unfair dismissal claims against your organisation

4:20 End of conference

Great opportunity to refresh appreciation of employment law and a worthwhile annual event.

- David Merrills, Probiotec Pharma Pty Ltd

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SYDNEYWednesday, 8th March 2017The Grace Hotel Sydney77 York Street,Sydney NSW 2000, Australia+61 2 9272 6888

MELBOURNEThursday, 9th March 2017Crowne Plaza Melbourne1-5 Spencer Street, Melbourne VIC 3008, Australia+61 3 9648 2777

IMPORTANT NOTICE: Attendance will only be permitted upon receipt of full payment. Please note that the programme and speakers are subject to change without notice. If the venue changes, youwill be notified. Akolade will not be responsible for any event re-scheduled or cancelled.CANCELLATION POLICY: Should you be unable to attend, a substitute delegate is always welcome at no extra charge. Akolade regrets that no cancellations will be refunded, conference documents,however, will be sent to the delegates. For an event cancelled by Akolade, registration fees are fully refundable. Akolade will not be responsible for any event alterations, re-schedules, or cancellations.PRIVACY POLICY: Please note that a portion of the data for this mailing was supplied by third party sources. If you would no longer like to receive promotional mail from Akolade, please opt-out byconfirming in writing and forwarding your letter to [email protected]. Please note all opt-out requests will be processed within 30 business days from the date of receipt.

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LAW39 12th Workplace Law Fundamentals Roadshow