Shaping Tomorrow’s Workplace: Your Essential Guide to Recent Employment Reforms - 5 program recorded conference highlights series

Program 1: 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 2: Has Flexible Work become a Non-Negotiable Right?

Flexible work arrangements have long been a feature of the Fair Work Act but the advent of covid and working from home, together with new legislation, has significantly changed the expectation of employees and obligations of employers. This session will examine the new amendments and recent cases and provide a guide to HR practitioners to manage employees seeking changes to their working arrangements, including:

• How have things changed for employers?
• When can an employee make a request for flexible work arrangements?
• Has working from home become a right?
• A detailed flow chart for dealing with requests
• When can a request be refused?
• Tips for drafting detailed written responses
• New powers for the Fair Work Commission to resolve disputes about flexible work requests
• Other options for resolution of disputes
• Establishing processes for assessing and responding to requests
• Cases and examples, including: Phillips v Integrated Medical Solutions Group Pty Ltd [2019] FWC 6225; Natasha Fyfe v Ambulance Victoria [2023] FWC 49; Hardy v State of Queensland (Department of Environment and Science) [2022] QIRC 480; Jason Lubiejewski v Australian Federal Police [2022] FWC 15

Program 3: Closing Loopholes, Opening Pandora's Box: Navigating the Next Wave of Workplace Reforms

The Federal Government’s next tranche of workplace reforms is here. Described as some of the most radical changes to the workplace system in decades, it is vital that HR professionals and employment lawyers understand the key implications of these sweeping reforms. This session examines the key changes and what employers should be doing now to prepare, including:

• Same job, same pay reforms
  • impact on employers relying on labour hire workers
  • understanding the multi-factor test
• Wage theft
  • new criminal penalties
  • increased union rights
• New industrial manslaughter offence
• Right to challenge unfair contract terms

Program 4:  Respect@Work: What Does it Mean in Practice?

The implementation of the recommendations in the Respect@Work Report has significant implications for all workplaces, requiring, amongst other things, organisations to change their focus from reactive to proactive. This session will provide a nuts and bolts guide of what organisations need to do to be ready for the new enforcement regime, including:

• How did we get to this point? A look back at the landmark report and the national Inquiry into Sexual Harassment
• Commencement of legislation and transitional period
• Practical implications of the positive duty to eliminate sexual harassment
• Who does the duty apply to?
• How will “reasonable and proportionate measures” be assessed?
• Changes to what conduct constitutes harassment and lowering of thresholds and time limits
• What constitutes a “hostile workplace environment”?
• An assessment of the new investigative and enforcement powers of the Australian Human Rights Commission
• Consequences and penalties for breach
• Identifying and targeting culture and behaviour that allows sexual harassment to occur - a tool kit for employers to undertake a risk assessment of their workplace

Program 5:  Clarity at Last for Casuals? Unpacking the New Landscape for Employers

Casual staff are often seen as a convenient solution for managing busy periods and enhancing workplace flexibility. However, recent important reforms have highlighted the significant risks. In this ever-shifting landscape, it has never been more important for employers to review their employment contracts and discern the true nature of casual positions within their workforce. This session examines the key issues employers need to be across, including:

• Navigating the new definition of casual employee
• Understanding the pathways to change to permanent work
• When can an employer refuse casual conversion?
• How do these reforms sit alongside recent seminal cases dealing with casual employment?
• What should employers be doing now to prepare?