Fundamentals of Workplace Law - Akolade

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Akolade’s 10th

Fundamentals of Workplace Law Embedding best practice to protect against liability

Rendezvous Hotel, Perth - 8 th April 2016 | Novotel, Brisbane - 12 th April 2016 The Grace Hotel, Sydney - 28 th April 2016 | Stamford Plaza, Melbourne - 29 th April 2016

EXCLUSIVE UPDATES FROM THE FAIR WORK COMMISSION KEY BENEFITS OF AT TENDING: • Understand the implications of recent legislative changes as well as key updates from the Fair Work Commission • Learn techniques to mitigate risks including personal culpability and workplace investigations • Gain strategies to apply best practice when dealing with mental health issues, bargaining and redundancy • Determine appropriate employer action to manage out of hours misconduct, bullying and sexual harassment • Hear insights from practitioners on how to apply best practice

PERTH SPEAKERS:

BRISBANE SPEAKERS:

Bruce Williams, Commissioner, Fair Work Commission Ryan Martin, Principle Employee Relations consultant, CCI WA Anthony Longland, Partner, Herbert Smith Freehills Cara Leavesley, Associate, Corrs Chambers Westgarth Jessica Keogh, Senior Associate, Clayton Utz Sarah Mcleod, Partner, MDC legal Marie-Claire Foley, Partner, Ashurst Leanne Nickels, Partner, DLA Piper Greg McCann, Partner, Colin Biggers Paisley Anita Ryan, Principal Consultant Labour Relations, Public Transport Authority Steve Kempin, Human Resources Manager, Coogee Chemicals Pty Ltd

David Gregory, Commissioner, Fair Work Commission Alana Paterson, Director Workplace Relations, Australian Business Lawyers & Advisors Michael Coonan, Partner, Herbert Smith Freehills Stephen Hughes, Partner Employment Relations, Piper Alderman Shae McCartney, Partner, Clayton Utz Andrew Cardell-Ree, Partner, Thomson Geer Shannon Chapman, Senior Associate, Ashurst Murray Procter, Partner, DLA Piper Dev Pillay, Senior Associate, DLA Piper Sam McIvor, Senior Associate, Colin Biggers & Paisley Michelle Hitchener, National HR Team Leader, Flight Centre Travel Group Limited Bevan Gibbs, General Manager Human Resources and Employee Relations, Arrow Energy Pty Ltd

SYDNEY SPEAKERS:

MELBOURNE SPEAKERS:

The Hon. Jonathan Hamberger, Senior Deputy President, Fair Work Commission Joe Murphy, Director Workplace Relations, Australian Business Lawyers & Advisors Sonia Millen, Partner, Herbert Smith Freehills Tim Capelin, Partner, Employment Relations, Piper Alderman Abraham Ash, Partner, Clayton Utz Jonathon Corlett, Special Counsel, Thomson Geer Trent Sebbens, Counsel, Ashurst Brett Feltham, Partner, DLA piper Kristen Lopes, Partner, Colin Biggers & Paisley Luis Izzo, Director, Australian Business Lawyers & Advisors Maria Crabb, Employee Relations Manager – AUS & NZ, Johnson & Johnson Harriet Mihalopoulos, General Manager, Human Resources & Industrial Relations, Hutchison Ports Australia

David Gregory, Commissioner, Fair Work Commission Sean Millard, Partner, CCI Law Rohan Doyle, Executive Counsel, Herbert Smith Freehills Tim Lange, Partner, Employment Relations, Piper Alderman Dan Trindade, Partner, Clayton Utz Mark Branagan, Partner, Thomson Geer Tom Kavanagh, Lawyer, Ashurst Rick Catanzariti, Partner, DLA Piper Cathryn Prowse, Partner, Colin Biggers Paisley Michal Rybalov, HR Manager, BSH Home Appliances Pty Ltd Rohan Doyle, Executive Counsel, Herbert Smith Freehills Rebecca Hodges, General Manager, People & Culture, Ambulance Victoria Kerryn Dillon, Chief Human Resources and Industrial Relations Officer, TLC Healthcare

PARTNERED WITH:

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Akolade’s 10th Fundamentals of Workplace Law 8:00 Registration opens

Brisbane, Sydney and Melbourne:

8.30 Opening remarks from chairperson

11:50 Examining limitations on out of hours behaviours

Perth: Greg McCann, Partner, Colin Biggers Paisley Brisbane: Alana Paterson, Director Workplace Relations, Australian Business Lawyers & Advisors Sydney: Joe Murphy, Director Workplace Relations, Australian Business Lawyers & Advisors Melbourne: Sean Millard, Partner, CCI Law

EXAMINING IMPLICATIONS OF LEGISLATIVE CHANGES 8.40 Latest update from the Fair Work Commission

• Implications of recent cases for your organisation • A strategic approach to workplace dispute resolution Perth: Bruce Williams, Commissioner, Fair Work Commission Brisbane: David Gregory, Commissioner, Fair Work Commission Sydney: The Hon. Jonathan Hamberger, Senior Deputy President, Fair Work Commission Melbourne: David Gregory, Commissioner, Fair Work Commission

9.20 Challenges and opportunities from legislative changes

• Greenfields changes • Fair Work Commission changes stalled in the senate • Productivity commission and TURC update on recommendations • Proposed legislation included the Federal private members FIFO bill, VIC/ACT registration of labour hirers, and 457 changes Perth: Anthony Longland, Partner, Herbert Smith Freehills Brisbane: Michael Coonan, Partner, Herbert Smith Freehills Sydney: Sonia Millen, Partner, Herbert Smith Freehills Melbourne: Rohan Doyle, Executive Counsel, Herbert Smith Freehills

RISK MITIGATION IN THE MODERN WORKPLACE 10.00 Bargaining in an era of increased public attention

• How to manage the enterprise bargaining process in the face of media scrutiny • Effective bargaining tools and tips Perth: Cara Leavesley, Associate, Corrs Chambers Westgarth Brisbane: Stephen Hughes, Partner Employment Relations, Piper Alderman Sydney: Tim Capelin, Partner, Employment Relations, Piper Alderman Melbourne: Tim Lange, Partner, Employment Relations, Piper Alderman

10:40 Morning tea 11.10 Termination and redundancies: Employer rights and responsibilities • Complex redundancies and terminations • Reducing the risk of unfair dismissal claims • Assessing alternative options for redundancies

Perth: Jessica Keogh, Senior Associate, Clayton Utz Brisbane: Shae McCartney, Partner, Clayton Utz Sydney: Abraham Ash, Partner, Clayton Utz Melbourne: Dan Trindade, Partner, Clayton Utz

Perth only: 11.50 Limits on out of hours behaviour

• When will conduct outside of work hours constitute misconduct? • Workplace relationships and social media • The role of a Code of Conduct • Rose v Telstra [1998] AIRC 1592

• What is “out of hours” misconduct, when is it sufficiently connected to work to ground dismissal, and how much is enough procedural fairness? • Explore Deeth v Milly Hill [2015] FWC 6422 (Hamberger SDP), and whether it was unfair to dismiss an apprentice butcher because he was charged with being an accessory after the fact to murder • Explore recent case law reviewing online conduct, employer management of social media use and appropriate disciplinary measures for out of hours misconduct Brisbane: Andrew Cardell-Ree, Partner, Thomson Geer Sydney: Jonathon Corlett, Special Counsel, Thomson Geer Melbourne: Mark Branagan, Partner, Thomson Geer

12.30 Examining personal culpability and section 550 of the Fair Work Act • How is ‘involvement’ defined • Appropriate precautions to protect practitioners • Understanding recent case law and implications on your actions Perth: Marie-Claire Foley, Partner, Ashurst Brisbane: Shannon Chapman, Senior Associate, Ashurst Sydney: Trent Sebbens, Counsel, Ashurst Melbourne: Tom Kavanagh, Lawyer, Ashurst

1.10 Luncheon

EMBEDDING ROBUST INTERNAL PROCESSES 2.10 How to streamline the management of misconduct investigations

• The who, what, when, where and why of workplace investigations • Techniques to future proof your organisation against timely investigations • How to maintain privacy

Perth: Leanne Nickels, Partner, DLA Piper Brisbane: Murray Procter, Partner, DLA Piper Dev Pillay, Senior Associate, DLA Piper Sydney: Brett Feltham, Partner, DLA piper Melbourne: Rick Catanzariti, Partner, DLA Piper

2.50 Examining the intricacies of bullying and sexual harassment legislation

• Recent case law and implications on your actions • What is required from an employer at the FWC during a hearing • Steps to take to protect your people, your business and reputation Perth: Greg McCann, Partner, Colin Biggers Paisley Brisbane: Sam McIvor, Senior Associate, Colin Biggers Paisley Sydney: Kristen Lopes, Partner, Colin Biggers & Paisley Melbourne: Cathryn Prowse, Partner, Colin Biggers Paisley

3.30 Afternoon tea

Perth and Melbourne: 4.00 Managing the return to work of employees suffering mental illness • Discrimination • Inherent requirements and reasonable adjustments. • Managing conduct and termination

Perth: Ryan Martin, Principle Employee Relations consultant, CCI WA Melbourne: Sean Millard, Partner, CCI Law

Perth: Sarah Mcleod, Partner, MDC legal

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T | 61 2 9247 6000

F | 61 2 9247 6333

E | [email protected]

W | akolade.com.au

Organised by:

Akolade’s 10th Fundamentals of Workplace Law Brisbane and Sydney: 4.00 6 Degrees of General Protections: At what point does a symptom of a ‘workplace right’ become the workplace right itself?

• An analysis of the types of reasons employers rely upon to discipline employees that might ‘crossover’ with protected workplace rights. • An analysis of the Full Federal Court decision of CFMEU v Endeavour Coal, where an employee was lawfully removed from weekend shifts due to ‘unreliability of attendance’, which itself arose because of the employee’s exercise of sick leave. • An analysis of the ongoing High Court appeal in the CFMEU v Endeavour Coal case. Brisbane: Alana Paterson, Director Workplace Relations, Australian Business Lawyers & Advisors Sydney: Luis Izzo, Director, Australian Business Lawyers & Advisors

4.40 INTERACTIVE PANEL DISCUSSION: How to apply best practice principles as practitioners

• How can a generalist influence the management of mental health issues • Strategies to future proof your organisation against adverse action Perth: Anthony Longland, Partner, Herbert Smith Freehills Anita Ryan, Principal Consultant Labour Relations, Public Transport Authority Steve Kempin, Human Resources Manager, Coogee Chemicals Pty Ltd Brisbane: Michelle Hitchener, National HR Team Leader, Flight Centre Travel Group Limited Michael Coonan, Partner, Herbert Smith Freehills Bevan Gibbs, General Manager Human Resources and Employee Relations, Arrow Energy Pty Ltd Sydney: Maria Crabb, Employee Relations Manager AUS & NZ, Johnson & Johnson Sonia Millen, Partner, Herbert Smith Freehills Harriet Mihalopoulos, General Manager, Human Resources & Industrial Relations, Hutchison Ports Australia Melbourne: Michal Rybalov, HR Manager, BSH Home Appliances Pty Ltd Rohan Doyle, Executive Counsel, Herbert Smith Freehills Rebecca Hodges, General Manager, People & Culture, Ambulance Victoria Kerryn Dillon, Chief Human Resources and Industrial Relations Officer, TLC Healthcare

5.20 Closing remarks from chairperson Perth: Greg McCann, Partner, Colin Biggers Paisley Brisbane: Alana Paterson, Director Workplace Relations, Australian Business Lawyers & Advisors Sydney: Joe Murphy, Director Workplace Relations, Australian Business Lawyers & Advisors Melbourne: Sean Millard, Partner, CCI Law

THIS CONFERENCE WILL BRING TOGETHER LEADERS FROM PUBLIC AND PRIVATE SECTORS, RESPONSIBLE FOR: • Human Resources • Industrial/Workplace/Employee Relations • Operations • Corporate Services • General Management

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T | 61 2 9247 6000

F | 61 2 9247 6333

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T | 61 2 9247 6000

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E | [email protected]

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