Workplace Relations: Uncharted Waters and Rocky Path Ahead – a recorded online conference

Session 1: Redefining Casual Employment: A Return To The Deep Uncertain?

The legal landscape of casual employment has been subject to ongoing scrutiny and reforms, leaving employers grappling with compliance obligations and workforce management challenges. While the High Court’s landmark ruling in the case of Rossato provided much-need clarity, the wave of reforms initiated by the Federal Government has amended this definition, raising questions about the potential consequences and the revival of ambiguity. This session will explore the key issues, including:

• Defining casual workers - what led to the case of Rossato?
• Understanding the new definition of casual workers introduced by the Federal Government– who’s in and who is out?
• The casual conversion pipeline:
  • What is the trigger point?
  • When can an employer refuse?
  • Tips for managing a request for conversion to part-time employee
• Strategies for auditing a casual workforce – is the classification appropriate?
• What should employers be doing now to prepare?

Session 2: Same Job, Same Pay: Are All Things Equal in Labour Hire and the Gig Economy?

The labour hire market and the gig economy are poised for further transformation as reforms under the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 have become law. These sweeping reforms, seeking pay parity between independent contractors and employees, have the potential to disrupt numerous industries. This session examines the implications of these changes and their practical ramifications for employers, including:

• Establishment of minimum working conditions for ‘employee-like’ gig economy workers
• Same job, same pay:
  • Scope and application of the proposed regulatory reform
  • Criteria for ‘same job’ and the calculations for ‘same pay’
  • Dispute resolution pathways with the FWC and enforcement measures
• Challenging unfair contractual terms and sham arrangements – new FWC powers to deal with unfair contract term disputes 

Session 3: Treading Carefully: Wage Compliance in the New Era

In the wake of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, the landscape of wage compliance has undergone substantial transformations that extend beyond basic rates. With the recent criminalisation of  wage theft, it is imperative for employers to proactively adapt and ensure compliance. This session examines the key issues, including:

• Equal pay and addressing the gender pay gap:
  • Empowering the FWC to determine a wage floor for work of equal or comparable value
  • Prohibiting pay secrecy
  • New Expert Panels for pay equity
  • Enforcement options available to the FWC
  • What employers should be doing now as a result of these changes
• Criminalisation of wage theft:
  • Requirements of the new criminal wage underpayment offence
  • New criminal record-keeping offence for related recording-keeping misconduct
  • Circumstances where multiple offences can be charged as “a course of conduct” and a single offence
  • Reforming the defence to sham contracting
  • Increased maximum civil penalties for wage exploitation-related provisions in the Fair Work Act
  • Steps organisations should be taking n ow to minimise the risks of becoming non-compliant