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19 Mai 2023
Insight
Australia
In case you missed it, you can access our previous Employment & IR briefing and Safety Leadership Series webinars below. Join our expert briefings for the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space. In these short sessions, our national team share their insights on what key legislative changes mean for employers.
Safety Leadership Series: Stretching the bounds of work health and safety
By Steve Bell, Shaesta Nand, Catherine Russo and Graeme Tanner - 19 May 2023
In this webinar we explore some of the more unusual cases in recent years which typify the broadening of the boundaries of WHS law. Managing Partner Steve Bell moderates a panel of our work health and safety experts across Australia as they each reflect on changes in their jurisdiction.
IR Reform: Secure Jobs, Better Pay Act 2022: What it means for your business
By Rohan Doyle, Natalie Gaspar, Drew Pearson and Anna Creegan - 9 March 2023
The passage of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Act) in December last year, marks the most extensive industrial relations reform seen since the introduction of the Fair Work Act some 13 years ago, and the impact of this legislation is significant.
While further industrial relations reform (such as on ‘same job, same pay’, among other topics) is expected to follow this year, the reforms passed are significant and will substantively impact how Australian employers structure and manage their workforces and set terms and conditions of employment.
This session will provide an overview of the key elements of the Act and what it means for Australian employers.
Employment & IR Briefing Series: The Secure Jobs, Better Pay legislation is through, so what now?
By Wendy Fauvel, Rachel Dawson, Shivchand Jhinku and Brad Popple - 2 March 2023
In our first Employment & IR Briefing Series event for 2023, Wendy Fauvel moderated a panel of experts spanning our national Employment and IR team including Rachel Dawson, Shivchand Jhinku and Brad Popple.
In this webinar our panel broke down some common myths and shared insights on what employers can be doing to effectively navigate these changes. Our panel also looked forward to what might come next, including the “closing loophole” legislation that is planned by Labor in the second half of the year.
Safety Leadership Series: Work Health & Safety reform across Australia
By Steve Bell, Aaron Anderson, Olga Klimczak & Lucy Bochenek - 25 August 2022
Our second ‘Safety Leadership Series’ webinar for 2022 looked at work health and safety reform across Australia. Partners Steve Bell, Aaron Anderson, Olga Klimczak and special counsel Lucy Bochenek discussed the findings from the Enough is Enough report on sexual harassment in the FIFO mining industry, including the broader WHS implications and related reform in other jurisdictions, such as the Victorian Government’s response to recommendations of the Ministerial Taskforce on Workplace Sexual Harassment.
Asia Pacific Employment Law: Asia Pacific Employment Law Guide Launch
By Drew Pearson and Fatim Jumabhoy – 23 March 2022
Our Australia and Asia Employment, Pensions & Incentives teams recently launched the latest edition of Herbert Smith Freehills’ Asia Pacific Employment Law Guide. In this webinar, Sydney-based partner Drew Pearson spoke with our Asia Head of Employment, Pensions & Incentives, Fatim Jumabhoy, on the key changes across the region in the labour and employment space, as well as looking forward to consider what the next key trends might be.
It's a matter of trust: The Great Attraction
By Natalie Gaspar, Shivchand Jhinku, Danielle Kelly and Deb Assheton (Symmetra) - 11 March 2022
In this webinar we discuss how consumer sector companies are transforming workplace culture to meet evolving employee and customer expectations.
The discussion focused on the strategies for achieving enduring employee engagement in the consumer sector and the positive impact on customer experience. As well as the factors that may be driving the transformation including automation & AI, supply chain sophistication and impact on workers, employee surveillance, remuneration and ESG considerations.
Safety Leadership Series: What are we talking about if we aren’t talking about Covid
By Steve Bell, Nerida Jessup, Julie Marotta & Lucy Bochenek - 24 February 2022
Many employers are planning the transition to a post-pandemic workplace. In the first Safety Leadership Series webinar for 2022 we reflected on some of the non-Covid related issues employers will need to contend with in the coming year. In other words, how do we prepare for the new normal?
Our panel of experts reflected on some of the non-Covid related issues employers will need to contend with in the coming year, including managing safety in the hybrid office workplace and for changing workforces, looking at mental health and sexual harassment as a safety issue, and lessons learned from recent case law related to contractor management.
Employment and IR Briefing Series: The Year Ahead
By Natalie Gaspar, Drew Pearson, Wendy Fauvel, Nerida Jessup, Brad Popple and Lucy Boyd - 17 February 2022
2022 is set to be another tumultuous year for Australian businesses. The ongoing pandemic and upcoming Federal Election, amongst many other things, will continue to rock the employment and industrial relations space.
Our first Employment & IR Briefing webinar for this year provided an overview of the key issues our clients need to be across for business. Partner Natalie Gaspar facilitated a panel of experts from our national Employment, Industrial Relations & Safety group as we unpacked Covid-19 and vaccinations; underpayments, compliance and the Fair Work Ombudsman; the 2022 Federal Election and the ALP and Coalition’s employment policies; and Respect@Work, #MeToo and the evolving expectations of employees.
Employment and IR Briefing Series: Hybrid Working in 2022 and Beyond
By Drew Pearson, Anna Creegan and Dr John Hopkins (Swinburne University) - 30 November 2021
Findings from recent reports by Swinburne University and the Productivity Commission, along with our own Future of Work report, all point towards hybrid working as part of the new Australian workplace, providing a pull factor for prospective employees and being integral to the retention of key talent.
In this latest briefing, which was designed to help frame employers' thinking around hybrid working, our panel of experts explored employee sentiment for hybrid and blended working, and discussed some the key elements of a successful work-from-home strategy.
Employment and IR Briefing Series: Mandating Vaccines at Work
By Wendy Fauvel, Mark Rigotti, Nicholas Ogilvie, Nerida Jessup and Alissa Anderson - 14 September 2021
Organisations across the globe are trying to motivate as many employees as possible to get the vaccine. Many are offering incentives while some are starting to mandate vaccines where many feel public health orders have stopped short – but at what cost?
In this webinar our panel of experts discussed the key issues that arise with this complex topic. What do employers need to consider in developing their approach? Will it be a lawful and reasonable direction for employers to mandate vaccinations? How are companies encouraging their employees to vaccinate? What do employers need to consider once they have decided their policy?
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Safety Leadership Series: Psychological safety in the workplace
By Aaron Anderson, Steve Bell, Anna Creegan and Nerida Jessup - 15 July 2021
In May 2021 the Federal, State and Territory Ministers met and voted to amend the model Work Health and Safety Regulations which will see the inclusion of specific provisions on psychosocial risks in the Regulations.
In this briefing, our national panel of safety experts including Steve Bell (Melbourne), Anna Creegan (Perth), Aaron Anderson (Brisbane) and special counsel Nerida Jessup (Sydney) discuss the impact of impact of psychological safety policy and legal developments on the management of psychosocial risks in the workplace.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Employment and IR Briefing Series: Underpayments and ‘wage theft’ – latest developments and insights
By Anthony Wood, Anna Creegan, Wendy Fauvel and Rommo Pandit - 23 June 2021
Investigating and managing wage underpayments, is one of the biggest risk and governance issues right now, as many employers grapple with historical claims and the aggressive approach being adopted by the regulator, the Fair Work Ombudsman. Adding further heat to the issue is the pending commencement of state government ‘wage theft’ reforms. Our briefing session will provide practical guidance and insights for employers.
In this webinar series, the panel features partners Anthony Wood (Melbourne) and Anna Creegan (Perth), with Executive Counsel Wendy Fauvel (Brisbane) and Senior Associate Rommo Pandit (Sydney) as they discuss:
- What we are seeing in relation to underpayment issues, including self-reporting and our experience using external accounting firms to conduct compliance audits;
- Where does an employer start to understand whether it is potentially in breach of its pay and record keeping obligations?;
- The Fair Work Ombudsman’s current priorities and how they are regulating underpayment claims;
- What do managers and directors need to do to manage the due diligence obligations under the Victorian wage theft laws, and what are the chances this will be expanded nationally.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Safety Leadership Series: Sexual harassment and gendered violence in the workplace
By Aaron Anderson, Nerida Jessup and Drew Pearson
In 2020, the AHRC Respect @ Work report called out sexual harassment as fundamentally a WHS issue, to which safety policy makers and regulators ought to take a greater education and compliance role. Following on from the release of that report, SafeWork Australia has released its 2021 guidance material on Preventing Workplace Sexual Harassment and we expect an increased focus on this issue from jurisdictional safety regulators.
Partners Aaron Anderson (Brisbane) and Drew Pearson (Sydney) and Special Counsel Nerida Jessup (Sydney) discussed the employment and WHS obligations employers need to be aware of to prevent sexual harassment and gendered violence in the workplace, as well as considerations and risks in employer intervention and response to incidents and complaints.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Safety Leadership Series: Mental Health Maturity Project in conversation with Dr Ali Burston
By Anthony Longland and Anna Creegan - 18 November 2020
In our final Safety Leadership Series briefing for the year, we discussed workplace mental health and wellbeing, and what businesses can learn from recent research on mental health literacy.
Partner Anna Creegan hosted the session, in conversation with Dr Ali Burston (MAPS, PSIOPA), an AHPRA Endorsed Organisational Psychologist and the founder and Managing Director of Perth-based consulting firm, Metisphere.
During this session we discussed:
- Dr Burston’s research into managing mental health in the workplace;
- trends and key findings on workplace mental health, including how it is changing over time and across industries; and
- managing mental health as a safety issue and strategies for organisational improvement.
About the Mental Health Literacy Project
The Mental Health Literacy Project (Project) is the first of its kind in Australia. The Project measures knowledge of key psychosocial terms to assist in managing psychosocial hazards and risk factors in the workplace, including the implementation of appropriate controls and strategies for individual, team and organisational improvement.
The Project fits in with broader mental health strategies and reflects new guidelines in the DMIRS Code of Practice and broader FIFO mental health recommendations.
The Project methodology allows for the development and progress of individuals across the continuum of mental health: from mitigating illness, to preventing harm, to helping people thrive.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Safety Leadership Series: 2020 Year in Review
By Aaron Anderson, Steve Bell, Anna Creegan and Nerida Jessup - 27 October 2020
In this webinar briefing, our Safety team reviewed the key developments in health and safety during 2020.
During this session they shared our health and safety insights from 2020, including in relation to Australia’s industrial manslaughter laws and the latest prosecutions, Covid-19 and working from home and return to work WHS considerations, the recent draft WHS Code of Practice, and other key case law and legislative developments.
The panel presentation was hosted by Nerida Jessup, special counsel, and included contributions from the following safety experts:
- Aaron Anderson, Brisbane
- Steve Bell, Melbourne
- Anna Creegan, Perth
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Employment & IR Briefing Series 2020 - What's next?
By Kirsty Faichen, Natalie Gaspar, Anthony Longland, Drew Pearson and Anthony Wood - 16 September 2020
During the webinar, we provided an update on:
- Covid-19 – some of the key issues that are affecting our clients, including an update on JobKeeper, organisational change and restructuring and modern award changes;
- IR and Enterprise Bargaining – how the federal government’s IR reform process is progressing, as well as recent Fair Work Commission decisions in relation to enterprise bargaining;
- Underpayments – recent state government ‘wage theft’ reforms; the Fair Work Ombudsman’s current priorities; and looked at the impact of the Federal Court’s Rossato decision and how it impacts employers who are engaging casual employees; and
- Discrimination/Sexual Harassment – the recent Report on workplace sexual harassment inquiry; discussed what best practice employers are doing in this space; and provided a summary of the recent Federal Court decision dealing with employer liability and damages.
The webinar was hosted by Perth based partner Anthony Longland in conversation with partners:
- Kirsty Faichen, Partner (Brisbane)
- Natalie Gaspar, Partner (Melbourne)
- Drew Pearson, Partner (Sydney)
- Anthony Wood, Partner (Melbourne)
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Workplace manslaughter developments in Australia – A national snapshot
By Steve Bell, Aaron Anderson, Anna Creegan and Nerida Jessup - 27 July 2020
In case you missed it, the Herbert Smith Freehills Safety team hosted a webinar and offered their insights on the state of these laws.
During the session we discussed the approach to the new laws which came into effect in Victoria on 1 July 2020, the recent prosecutions under these manslaughter laws in the ACT and Queensland, and the approach planned for Western Australia, NSW and the other jurisdictions.
Featuring our safety leaders in each of our Australian offices, the session draws upon the lessons and insights we have been sharing with clients in these significant developments.
The webinar panel presentation was hosted by Steve Bell and included contributions from the following safety experts:
- Aaron Anderson, Brisbane
- Anna Creegan, Perth
- Nerida Jessup, Sydney
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
National Inquiry into Sexual Harassment in Australian Workplaces
By Anthony Wood and Lucy Boyd - 4 June 2020
On 5 March 2020, the Australian Human Rights Commission released its fourth national survey on Sexual Harassment in Australian Workplaces. The report has wide-ranging implications for employers - from a policy perspective and what it means to the culture of the workplace.
In case you missed it, the Employment, IR and Safety team hosted a special webinar briefing session on the key findings of the report, and how employers can be on the front foot to address these issues.
During the session, our expert panel offered their insights on:
- The key findings of the report;
- what legislative and institutional reforms we might expect;
- practical implications on issues such as the use of non-disclosure agreements; and
- evolving to a best practice workplace culture.
The webinar panel discussion was led by partner Anthony Wood and included our guest panellists:
- Heather Price, Chief Executive Officer from Symmetra;
- Tamsin Lawrence, Deputy Director - Workplace Relations from the Australian Chamber of Commerce and Industry (ACCI);
- Catherine Dixon, Executive Director of the Victorian Human Rights and Equal Opportunity Commission; and
- HSF Senior Associate, Lucy Boyd.
To listen to the podcast, please visit the Employment, IR and Safety podcast series here.
Key contacts
Steve Bell
Regional Head of Practice - Employment, Pensions and Incentives, Australia, Melbourne