Navigating Employee Entitlements in an Uncertain Landscape – a live lunchtime online conference

Online Conferences,Employment Law,Navigating Employee Entitlements in an Uncertain Landscape – a live lunchtime online conference
Wednesday 9th September, 2020

Vic, NSW, Tas, ACT, Qld: 12 noon to 2.45pm
SA/NT: 11.30am to 2.15pm
WA: 10am to 12.45pm

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Hear from the experts at this online lunchtime conference. You can watch it on your computer or on your portable electronic device from anywhere.

The conference will be based on our highly successful video webinar technology: there'll be a chairperson, presentations and you'll have an opportunity to ask questions via online chat.

One registration can be shared by colleagues within the same firm utilising the same login.


Session 1: Salary or Wages? Choose Your Own Compliance Adventure

The FWC has introduced model annualised salary clauses for some modern awards, taking effect 1 March 2020, but there is often more than one way that an employer can lawfully vary a requirement to pay wages pursuant to the applicable workplace instrument. This topic examines:

  • The new model annualised salary clauses, including reconciliation and record-keeping requirements
  • Individual flexibility arrangements under modern awards
  • Guarantee of earnings under the Fair Work Act
  • Using well-drafted set-off clauses in contracts

Session 2: Getting Clarity on Casuals

The decisions of Workpac v Skene and Workpac v Rossato have refocused attention on the definition of casual employment and whether employees are truly ‘casual’ employees. But confusion abounds generally over the application of the test in practice. This topic addresses:

  • The definition of casual employment for the purposes of the Fair Work Act, workplace instruments and the general law
  • A broad review of casual employee entitlements, including unfair dismissal and casual conversion
  • The latest developments in litigation and class actions following Workpac v Skene, including the Full Bench decision of Chandler v Bed Bath N’ Table Pty Ltd and other Fair Work Commission and Court decisions
  • Steps to take to mitigate claims by casuals that they are not ‘true’ casuals, including the use of set-off clauses
  • An update on the Full Court of the Federal Court’s decision in Workpac v Rossato

Session 3: Personal Leave Arrangements – Managing Absence Proactively

The high profile decision of Mondelez v AMWU has highlighted the challenges employers face when managing leave entitlements, particularly when employing shift workers and part-time employees. This session examines how employers can manage the traps and pitfalls of personal leave requirements, including:

  • Unpacking Mondelez v AMWU [2019 FCAFC 138 and the pending High Court appeal decision
  • How is a ‘day of leave’ determined?
  • Traps with deducting personal/carer’s leave balances when only part of a day is taken
  • Converting hours of leave into days
  • Challenges with pro-rata reduction of personal leave entitlements of part time employees
  • How to effectively review your systems and reduce the risks of claims for back pay and contravention of the Fair Work Act

Adrian Robertson, Television Education Network, Melbourne (Chair)

Skye Rose, Practice Leader, Moores, Melbourne

Wendy Fauvel, Executive Counsel, Herbert Smith Freehills, Brisbane

James Pomeroy, Special Counsel, Gilbert + Tobin Lawyers, Sydney

  • It was just like being at a well run conference but in many ways better. 
  • This option is of great assistance to country practitioners.
  • The live online conference format worked well and made the speakers more engaging than a recording.
  • Our team used the boardroom.  We could talk and discuss the presentation without feeling we were imposing on others and you could submit a question, which we did.  All from the comfort of our own office.
  • The conference was well organised and the email links very useful.

Delegates registered to attend the LIVE event will receive a CPD certificate for attendance.


If you register and pay by 21st August 2020 you will pay only $495 – a saving of $55 off the full price conference registration fee of $550.

If you need assistance or have an enquiry, please do not hesitate to contact our Event Coordinator, Hayley Williams–Cameron on (03) 8601 7730 or email:

© Television Education Network Pty Ltd 2020

Product Code: OELSEP20
 Price:   $495.00 (Inclusive of GST)