Post on 15-Jan-2017
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All the issues and all the experts at Australia’s largest and leading employment law conference
Discover the latest employment law changes and gain expert advice on aligning your HR policies with changing legal requirementsThe rapidly changing industrial relations and employment law landscape has emphasized the need for companies to stay up-to-date with the latest regulatory directions. Furthermore, the new Turnbull government has also brought about uncertainties in potentially new IR directions which employers need to prepare for. Thus it is crucial for HR professionals to respond in the most effective manner to minimise risks of liabilities. In theory it may seem easy to respond to these legal changes, but in reality there are many key practical considerations around these specific HR issues. For instance, the increased number of employment law cases is an ideal example of why HR professionals need to have a clear understanding of the latest compliance requirements affecting the workplace. Australia’s largest and leading 10th HR Law Masterclass will equip organisations with the practical legal knowledge required to mitigate the risk of workplace claims and disputes. Participants will gain expertise on recent legislation, the imminent changes, and strategies to prevent and manage common employment law pitfalls. Examples of robust frameworks that can be immediately implemented to ensure well-managed employee relations will also be illustrated.
Key Learning Objectives1. Receive full coverage of the latest trends of 2016, including new/
potential industrial relations directions under a new Turnbull government
2. Gain insights on how to identify and respond to bullyingallegations in the most definite and precise manner
3. Navigate the uncertainties of WHS issues including mentalhealth issues, and how to avoid respective liabilities
4. Leverage on case law examples to assess issues of unfairdismissals from a new perspective
5. Ensure your proprietary interests are protected to minimisepotential disclosure and loss of information
6. Design and implement a comprehensive drug and alcohol policywhich is aligned with workplace health and safety proceduresfor your organisation
7. Increase awareness in the complex and emerging area ofemployment and contractual obligations
8. Mitigate risks with effective and compliant procedures inconducting workplace investigations
9. DEDICATED Q&A SESSION: Ask any employment law question ina small-group roundtable setting
Understand what recent case law examples and legislative changes mean for you at Australia’s largest and leading employment law conference
Receive 6 CPD pointsChristmas Group Discount:
Buy 2 & receive 1 free!
Why spend more than you have to on HR
training events?Get all your workplace law updates at the 10th
HR Law MasterclassBrisbane – 7 March 2016Sydney – 8 March 2016
Melbourne – 9 March 2016Perth – 11 March 2016
With Expert Presentations by Australia’s Leading Law Firms
Media Partner
REGISTER NOW! T: 02 9368 3916 www.hrlawmasterclass.com
Why attend?
2016 is set to be an unpredictable year for employment law….
Unfair dismissal claims account for 1 in 3 workplace disputes, and an average unfair dismissal claim costs an Australian employer approximately $13,500. Employers need to ensure they have robust policies in place to be clear and equitable in these issues.
E.g. Smith v Aussie Waste Management [2015] – employee’s conduct was not considered “sufficiently insubordinate” to render the dismissal just. Hence, HR professionals are required to ensure that terminations are made under strict and proper conditions which are legally compliant.
There is a need for greater information on how managers can be appropriately supportive of workers with mental illness as well as to develop and promote a safe and healthy work environment for all employees.
E.g. Grant v State of Victoria (The Office of Public Prosecutions) - With one in five adults experiencing a mental health related illness every year, it is imperative that employers understand their obligations under occupational health and safety (OHS) and disability discrimination legislation. In addition, employers need to understand how they can manage mental health related issues in the workplace.
Simultaneously, the rising complex area of employment contracts, drug and alcohol policies in the workplace, as well as long-standing legal disputes surrounding workplace bullying remain key worrying factors for employers in Australia today.
Featuring speakers from Australia’s leading law firms, expert insights and practical advice on pertinent issues affecting Australia’s employment law landscape are all within your reach at our event!
• The only one-day conference canvassing the most vitalchallenges transforming the HR landscape in a compact, strategicyet constructive manner
• A compelling overview of essential employment law changeswith a focus on practical steps that you can take to workimmediately
• Interactive ‘Masterclass’ format with high-level content andcase-law based strategies to avoid and defend costly claims
• The only event with a dedicated Q&A session so you can haveplenty of opportunities to consult the experts on how new casesfulfill various legal requirements
Testimonials from Past Delegates
More than 1100 HR/IR/ER Managers from the public and private sector have kept up-to-date on Australia’s changing employment laws at our HR Law Masterclass.
“The HR masterclass is an informative, collaborative session for professionals that provides current law + forecasted trends + changes while offering best practice tools + information to build/update your organisation’s HR framework. The most comprehensive HR training that provides direct contact + collaboration with HR legal professionals.” – HR Manager, Brennan IT (September 2015)
“Course relevant to all positions/personnel within HR. A lot of key takeaways for me + action items…all HR professionals should do this regularly” – ER Advisor, John Holland (September 2014)
“I really got a lot out of this day. It was great to cover a variety of topics that all tie together to give a relevant overview and update. Enjoyed the Q&A!” – HR Director, L’Occcitane Australia (October 2013)
“The conference is highly recommended. Covered a range of applicable and interesting topics with knowledgeable speakers.” – HR Officer, BP Australia (September 2014)
8:30 Registration and Welcome Coffee
9:00 Chairperson’s Opening Address Brisbane – Jonathon Hadley, Partner, DibbsBarker Sydney – Sian Ryan, Special Counsel, HWL Ebsworth Melbourne – Andrew Douglas, Principal and Practice GroupHead (Vic) – Workplace Relations, M+K Lawyers Perth – Tim Lethbridge, Partner, Kott Gunning Lawyers
NEW LEGISLATIVE UPDATES AND DEVELOPMENTS
9:10 Preparing for 2016 – what should employers look out for? • New directions under the Turnbull leadership • Key challenges for Industrial Relations in 2016 and how
employers can overcome • Unwinding unproductive enterprise agreements – what it means
for employers - Aurizon Operations Ltd; Aurizon Network Pty Ltd; Australian
Eastern Railroad Pty Ltd Brisbane – Kristin Gamble, Senior Associate, Herbert Smith Freehills Sydney – Brendan Milne, Senior Associate, Herbert Smith Freehills Melbourne – Wendy Fauvel, Senior Associate, Herbert Smith Freehills Perth – Libby Mussared, Senior Associate, Herbert Smith Freehills
“The course gave a really comprehensive view of employment law issues and the open Q&A sessions really made it relevant and practical. Best “free” legal advice ever!” – CFO, Cranky Chef Catering (September 2015)
Who Should Attend:Directors, Heads, Specialists and Senior Managers in Human Resources, Employee Relations or Industrial Relations who are responsible for:
Programme-at-a-Glance: 8 Topical Sessions and a Dedicated Q&A Session
• Human Resources• Workplace and Employment
Relations• Industrial Relations• Health, Safety and Security• Learning and Development• Organisational Development
and Change• In-House Legal Counsel
• Recruitment and TalentManagement• Remuneration,
Compensation and Benefits• Labour and Employment Law• Regulatory Affairs and
Compliance• Union and Employee
Advocacy Groups
Legislative updates and
developments
Employment contracts
Unfair dismissal
Workplace health and safety
issues
Proprietary and confidential information
Workplace investigations
Workplace bullying
DEDICATED Q&A ROUNDTABLE
SESSION
Drug/alcohol policies in the
workplace
PROGRAMME
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PROGRAMME DEALING WITH COMPLEX AND SENSITIVE WORKPLACE SITUATIONS
9:50 Workplace bullying: A critical view • Determining what constitutes bullying – the case of Hammon
v Metricon Homes Pty Ltd and others; The State of Tasmania (Department of police & emergency management) v H
• Analysis on FWC’s jurisdiction to regulate inner workplace workings& how it affects businesses and managers (CF v Company A)
• Lessons learnt from recent cases- Risks of bullying & mitigation strategies: How companies can
take a proactive approach- Implementing appropriate response procedures when a bullying
claim is filedBrisbane – Robert King, Partner, K&L GatesSydney – Christa Lenard, Partner, K&L GatesMelbourne – Michaela Moloney, Partner, K&L GatesPerth – Nerissa Rowe, Senior Associate, K&L Gates
10:30 Morning Tea
10:50 Managing ill and injured employees • Overview of employer rights and responsibilities in accordance
with workplace legislation • Understanding the need to avoid escalation
• Practical steps to avoid liabilities associated with managing
illness & injury• Dealing with tricky scenarios & learning to manage employees with
mental health issuesBrisbane – Kathryn Winter, Senior Lawyer, Clayton Utz Sydney – Michael Byrnes, Special Counsel, Clayton Utz Melbourne – Luisa Gonzaga, Senior Associate, Clayton Utz Perth – Steve Bowler, Senior Associate, Clayton Utz
MANAGING UNFAIR DISMISSAL CLAIMS AND PROPRIETARY INFORMATION
11:30 Navigating the slippery slope of unfair dismissals • Understanding the effects of the increase in high income threshold • Assessing recent cases & scenarios which may translate
to unfair dismissal claims, e.g. performance management,restructuring, adverse action
• Ensuring that terminations, redundancies & restructuring are incompliance with disciplinary and termination procedures
• Practical strategies for avoiding and managing unfair dismissal claimsBrisbane – Dev Pillay, Senior Associate, DLA Piper Sydney – Mandi Xu, Senior Associate, DLA Piper Melbourne – Lucy Charlesworth, Senior Foreign LegalAssociate, DLA PiperPerth – Elizabeth Moran, Senior Associate, DLA Piper
12:10 Networking Lunch
13:10 Safeguarding confidential and proprietary information • Fundamental contractual provisions to protect proprietary
interests: restraint of trade, confidential information, IP and powers of attorney
• Minimising the potential disclosure and loss of information:Challenges, risks and best practices
• Is misuse of confidential information grounds for dismissal? Brisbane – Martin Osborne, Partner, Norton Rose Fulbright Sydney – David Cross, Partner, Norton Rose Fulbright Melbourne – Helene Lee, Partner, Norton Rose Fulbright Perth – Tom Martin, Partner, Norton Rose Fulbright
IMPLEMENTING COMPREHENSIVE AND COMPLIANT WORKPLACE STRATEGIES
13:50 Formulating & implementing drug & alcohol policies in the workplace
• Key elements in drafting and implementing a workplace drug &alcohol policy aligned with work, health & safety procedures as well as corporate culture
• Addressing the blurred lines between employees’ professional &personal life & establishing a balance between privacy and safety.
• New amendments to the Building Code 2013: Considerations foremployers in other industries
• Establishing a robust and compliant investigation anddisciplinary process when drug and alcohol policies are breached (Keenan v Leighton Boral Amey NSW Pty Ltd)
Brisbane – Jamie Robinson, Partner, HWL Ebsworth Sydney – Tim McDonald, Partner, Moray & Agnew Melbourne – Andrew Douglas, Principal and Practice Group Head (Vic) – Workplace Relations, M+K Lawyers Perth – Alec Weston, Associate, Lavan Legal
14:30 Afternoon Break
14:50 Shedding light on employment & contractual obligations to avoid liabilities
• Fundamental steps to take when drafting contracts, e.g. type oflanguage to use to avoid ambiguity
• Ideal practices when incorporating policies & other instruments intocontracts to minimise uncertainty and potential damages claims
• Understanding instances when corporate policies arecontractually binding & ensuring that interests are protected – Romero v Farstad Shipping (Indian Pacific) Pty Ltd
• Deciphering implied terms & mutual obligations to avoidbreaches & possible litigation – Barker v Commonwealth Bank
Brisbane – Deanna McMaster, Senior Associate, Minter Ellison Sydney – Harriet Eager, Partner, Minter EllisonMelbourne – Tony Pick, Senior Associate, Minter EllisonPerth – Briony Pole, Senior Associate, Allion Legal
15:30 Best practice strategies and procedures for conducting fair workplace investigations
• Recognising situations in which investigations are required &ensuring that they are conducted effectively in a fair manner
• Identifying and complying with legal procedures governingthe process of gathering evidence (including sensitive and confidential information)
• Dealing with and overcoming tricky situations e.g. request forsupport persons, recordings etc.
• Common mistakes and how to avoid themBrisbane – Shannon Chapman, Senior Associate, Ashurst Sydney – Julie Mills, Senior Associate, Ashurst Melbourne – Dominic Fleeton, Senior Associate, Ashurst Perth – Sarah Harrison, Partner, HWL Ebsworth
16:10 Q&A Roundtables – Your Chance to Ask Any Workplace Law Question (2 Roundtable Leaders)
This dedicated Q&A session provides an intimate setting for you to consult our workplace law experts in a small-group roundtable format. Get trusted expert advice and specific feedback on a range of issues.
Brisbane – Belinda Winter, Partner, Cooper Grace Ward Lawyers Brisbane – Andrew Cardell-Ree, Partner, Thomson Geer Sydney – Maria Hurley-Smith, Special Counsel, Baker & McKenzie Sydney – Ben Dudley, Partner, Seyfarth Shaw LLP Melbourne – Kaitlyn Gulle, Senior Associate, Lander & Rogers Melbourne – Ben Burke, Partner, Baker & McKenzie Perth – Mark Cox, Director, MDC Legal Perth – Nikita Barsby, Senior Associate, MDC Legal
“Course relevant to all positions/personnel within HR. A lot of key takeaways for me + action items…all HR professionals should do this regularly” – ER Advisor, John Holland (September 2014)
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TRAVEL & ACCOMMODATIONDelegates are responsible for the arrangement and payment oftheir own travel and accommodation. We have arranged a specialroom rate for delegates at a number of hotels. Please contact us forfurther details.TERMS & CONDITIONS1. Upon registration all invoiced sums, including applicable taxes, are payable in full by the delegate to Aventedge2. Should a delegate be unable to attend the event then a substitute delegate is welcome at no extra charge. However, no pass sharing at the event is allowed.3. Should a delegate be unable to attend the event and wish to cancel their registration then this will be subject to the following: a) All requests for cancellation need to be made in writing to the relevant Aventedge office b) Cancellations are only permitted 28 days or more before the event date. A $250 + GST administration fee will be charged per invoice c) 15 to 27 days before the event date: no refunds will be allowed, however, a credit voucher valid for 12 months will be issued. A $250 + GST administration fee will be charged per credit voucher. d) Within 14 days before the event date: no cancellations or refunds permitted e) Registrations can be transferred to a colleague from the same company before the event without a fee4. The event pass is valid for the designated person only. Pass sharing is not permitted.5. Aventedge will make its best endeavours to run the event per the published programme but reserves the right to alter the programme without notice including the substitution, alteration or cancellation of speakers, topics or the alteration of the dates of the event6. Aventedge is not responsible for any loss or damage as a result of a substitution, alteration, postponement or cancellation of an event
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