The Workplace Reforms are Here: Essential Changes You Need to Implement Now - 5 program recorded series

Program 1: Return To Form? How The Closing Loophole Reforms Have Redefined 'Casual' Employees

In 2020, the Rossato decision clarified that when it comes to determining whether an employee is in fact casual, the Courts will look at the real substance of the relationship rather than its form. While that decision ended years of legal uncertainty, it was not to last. In response to that decision, the government has changed the way in which casual employees are to be defined yet again following the Closing the Loophole reform package introduced in late 2023. To help HR professionals get across these changes and understand what they mean for their organisation, this session explores:

• The legal changes under Closing the Loophole legislation, including the new definition of casual employee and the new employee choice pathway to permanent employment
• The test to be applied when considering the application of the test to individual workplaces (and what to look out for) and specific issues which may arise in practice
• Practical guidance to assist workplaces determine whether their employees are genuinely casual
• Tips for what to look for when reviewing and amending employment agreement templates

Program 2: Underpayments And Wage Theft: Criminal Minds or Innocent Criminals?

Underpayments of wages and superannuation continue to be an ongoing issue in many workplaces. Recent reforms have introduced significant changes to the penalties for underpayments as well as the new criminal offense of wage theft. This session explores the changes to the law regulating underpayments and wage theft and what this means for workplaces. It covers:

• The new maximum penalties for underpayments and the new threshold for serious contraventions
• A deep dive into the new offence of wage theft, what evidence may prove intentional conduct and trigger criminal consequences and the role of cooperation agreements
• Steps workplaces are expected or should have in place to identify and respond to underpayments
• What should happen when an underpayment is identified - what are the options to remedy, dealing with communications to employees, unions and self-reporting to Fair Work Ombudsman

Program 3:  Beyond 9 to 5: Balancing the Right to Disconnect, Additional Work Hours and out of Hours Contact

A number of factors have led to employees working what they may consider to be additional and unreasonable hours, ranging from increased demands by employers, working flexibly and/or remotely and the shrinking labour market. With Australia now enshrining the ‘right to disconnect’, what can employers require of the employees in terms of additional hours and what happens if the response is a “no”? This session will examine the current rules and obligations, including:

• Unpacking the new ‘right to disconnect’ laws:
  • Are there specific industries or types of roles exempt?
  • How are urgent tasks or critical projects managed?
  • What measures can employers implement to meet their new compliance obligations?
  • What are the legal implications for non-compliance?
• What constitutes additional hours?
• When is it reasonable to ask employees to work additional hours?
• What factors need to be considered?
• How are claims of unreasonable hours dealt with by the courts? Australian Meat Industry Employees Union v Dick Stone Pty Ltd [2022] FCA 512
• Why have there been so few cases on unreasonable hours?
• Workplace health and safety risks and breaches
• Minimising the risks of overworking through:
  • work culture awareness and communication
  • time management training
  • assessing employee workload
  • streamlining and automating processes
• Will claims rise with remote and flexible working?

Program 4: What's in a Name? What it Now Means to be an 'Employee' or 'Employer'

Recent reforms have introduced statutory definitions for ‘employee’ and ‘employer’ into the Fair Work Act, reversing the impact of recent High Court decisions. Under the changes, proper consideration of the real substance, practical reality and true nature of the relationship is required to determine the nature of the employment relationship. But what does this actually mean in practice? And what role does HR play in this process? To breakdown these changes, this session explores:

• The changes to definition of employee and employer and its application to independent contractors, non-workers etc
• What is required by the new multi-factor test - what does proper consideration require and how to prove this
• The impact of these reforms on individual workplaces, including capacity to set conditions for independent contractors
• The broader impact of the changes by workshopping recent Federal Court decisions including Chioto v Silk Contract Logistics [2023] FCA 1047 - how would this case have been different if heard now?

Program 5: Employment Contracts and Awards: What's New and What Needs Changing?

Recent changes to the Fair Work Act mean that the incorrect interpretation and application of an award may now result in a prosecution. Now more than ever it is important to not only keep on top of each of developments in each of the modern awards but also ensure their provisions are correctly interpreted and applied (and that evidence of this is retained!) To assist employers with this monumental task, this session explores:

• The key aspects of recent changes to key awards
• A practical step-by-step guide to interpreting the awards including recent judicial commentary about key terms
• How the contract and award fit together, how you can get flexibility under the award and tips for preparing contracts that supplement award entitlements
• Areas which are likely to change in the foreseeable future as a result of the reforms, policies of the Fair Work Commission and Ombudsman and judicial trends.