Conference Agenda
09:30 Updating the landscape in Employment for 2025
1. Where have we come from?
a. Same Jobs Better Pay Act – brief overview
b. Closing Loopholes Legislation – brief overview
2. Trends and Opportunities from 2024
a. Right to disconnect (took effect in August)
b. Multi-employer bargaining
c. Payroll projects and wage remediation continuing
3. What we can expect for 2025 / what you need to be prepared for:
a. Reforms to Restraint of Trade: Outcome of the review
b. WFH: What will organisations do in this space
c. AI: What impact will it have
Shivchand Jhinku, Partner, Herbert Smith Freehils
10:20 The difficult art of performance management: legal update and new compliant techniques
• Addressing current problems with performance management
• Understanding your people and having crucial conversations
• Performance processes in practice
• Applying the right communication styles
• Backing yourself amongst legal loopholes and risks
Dan Feldman, Managing Partner, HR Legal
11:00 MORNING TEA & NETWORKING
11:20 Dealing with toxic workplace behaviours: Psychological safety, psychological risk and your duty of care
• Your developing workplace safety and compliance obligations
• Understanding Duty of Care Codes of Practice Provisions for employers
• An onus on the employers to prioritise prevention
• Duty of care for a remote, hybrid and flexible workforce
• Managing poor or difficult behaviours and serious misconduct
- Understanding reasonable and justified actions
Jackie Ntatsopoulos, Director, PWC Australia
12:20 Sexual harassment, bullying prevention and your duty of care
• Key reforms to the prohibition against sexual harassment in the workplace
- An onus on the employer to prioritise prevention
• Investigating sexual harassment in the workplace
- Latest investigation processes and how to avoid legal pitfalls
• Practical implications of the positive duty to eliminate sexual harassment
• Identifying cultures and behaviour that allows sexual harassment to occur - a
tool kit for employers to undertake a risk assessment of their workplace
• Policies for a preventative approach and to remain compliant
• Examples of best performing risk mitigation strategies
• What’s on the horizon from the Respect@Work report
Erin Lynch, Partner, Gadens
13:50 Terminations, unfair dismissal, performance management and constructive dismissal
• Reducing post-termination, adverse action and unfair dismissal claims
- Managing tricky constructive dismissal cases and situations
• Managing performance and conduct based terminations
• Galvanising your disciplinary and termination processes
• Addressing issues within your performance management processes
• Using performance management as a tool to prevent dismissal risks
Michael Byrnes, Partner, Employment, Workplace Health and Safety, Swaab
14:40 Employment Contract Update
• Upcoming changes to fixed and maximum term contract provisions
- Minimising exposure risks related to fixed term and rolling contracts
• Understanding anti-avoidance provisions to prevent prohibition
• Checking contracts and awards for employment termination and redundancy processes
• Reviewing and updating standard form contracts and policies
Presented By: Allens Linklaters
Moray & Agnew, Moray & Agnew, Moray & Agnew
15:50 Navigating a Workplace Investigation
• Understanding the Legal Framework and Obligations for Workplace Investigations
- Key Legislation and Regulatory Requirements
• Initiating an Investigation: Triggers and Initial Steps
- Recognising Complaints and Misconduct that Require Investigation
- Preliminary Assessments and Decision to Investigate
• Conducting a Fair and Thorough Investigation
- Best Practices for Collecting Evidence and Interviewing Witnesses
- Ensuring Confidentiality and Fair Treatment of All Parties
• Managing Potential Pitfalls and Legal Risks
- Avoiding Common Investigation Mistakes
- Handling Retaliation Claims and Protecting Whistleblowers
• Reporting Findings and Taking Appropriate Actions
- Documenting the Investigation Process and Outcomes
• oImplementing Disciplinary Actions and Remedial Measures
- Case Studies: Lessons Learned from Recent Workplace Investigations
- Real-World Examples and Practical Takeaways
• Tips to avoid being ‘roped-in’ to multi-enterprise agreements
Minter Ellison, Minter Ellison, Minter Ellison
10:00 Post-conference Workshop A. -- Mastering Terminations, Redundancies, and Dismissals Masterclass
Navigating employee termination is a challenging process that requires a thorough understanding of current regulations
and potential legal consequences. This workshop aims to equip participants with the necessary tools to handle
terminations and redundancies lawfully and effectively. By mastering these skills, organizations can ensure smoother
transitions for all parties involved and foster a respectful work environment during stressful times.
This one-day intensive workshop will provide attendees with the expertise needed to conduct terminations and
redundancy processes within legal boundaries. Participants will learn strategies to reduce the risk of costly legal claims,
including those related to unfair dismissal, adverse action, breaches of awards or enterprise agreements, unlawful
discrimination, and workers’ compensation claims. By the end of this workshop, attendees will be equipped to confidently
manage terminations and redundancies while ensuring compliance and minimizing potential risks.
Learning Objectives:
1. Distinguish between conduct-based and performance-based terminations and evaluate if a demotion
constitutes a termination.
2. Implement effective disciplinary and termination procedures, avoiding common pitfalls and liabilities,
especially in the context of fixed-term and rolling contracts.
3. Understand the legal frameworks for addressing unfair dismissal claims, differentiating between employees
and independent contractors, and handling dismissal applications.
4. Define genuine redundancy, meet employer obligations during redundancy processes, and calculate
entitlements while minimizing legal risks.
5. Navigate selection, redeployment, and termination processes, understanding various types of termination
and the concepts of unfair and unlawful dismissal.
Kate Walawski, Barrister , Employment and Safety Law Specialist | Nationally Accredited Mediator | Keynote Speaker | Educator & Facilitator | Principal Consultant - Sage Strategic Consulting
10:00 Post-conference Workshop B. -- Performance Management Masterclass
Navigating the intricacies of performance management is one of the most challenging and demanding tasks for HR
professionals. The ever-changing legal landscape, coupled with heightened awareness of employee rights and constant
workplace changes, adds layers of complexity. Traditional approaches, such as formal performance improvement
plans, often fall short of desired outcomes, leaving organizations vulnerable to legal action. This comprehensive
half-day workshop focuses on practical strategies for managing performance through consistent and meaningful
communication, equipping participants with the tools to handle performance issues effectively and legally.
Key Themes:
• Tackling Performance Management Challenges
• People and Process Management
• Effective Communication Techniques
• Conducting Crucial Conversations and Decision Making
• Practical Implementation of Performance Processes
• Legal Confidence
Jo Alilovic, Director | Employment Lawyer, 3D HR Legal