Navigating and Managing the Impacts of New Fair Work & WHS Law – Live Online & Recorded
Date Two Sessions:
Session 1 - 14 November 2023
Session 2 - 21 November 2023
Time Each session - 12.00pm-2.30pm AEDT (Sydney time)
Venue Live Online with Recording
Recording available for viewing until 21 December 2023
Pricing $395
(price includes gst)
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Program
SESSION ONE – 14 November 2023
12.00 LawSense Welcome
12.05 Chairperson’s Introduction
Alicia Goddard, General Manager, People, Culture and Diversity, Benetas
12.10 Staff Psychosocial Hazards Recent Law Changes: Examining Best Practice in Meeting Your Obligations and Understanding Interaction with Requirements in Aged Care Legislation and Revised Standards
Recent Changes in the Law and Interaction with Other Laws
- Outlining the recent changes to WHS legislation affecting aged care including:
- examining definitions or psychosocial hazard and how this can include bullying, sexual harassment, and other behaviours
- outlining how it applies to staff, residents and others interacting with the facility
- understanding obligations to identify reasonably foreseeable psychosocial hazards that could give rise to health and safety risks
Interaction with Revised Standards and Other Laws
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- understanding how the changes interact with obligations under the revised standards – identifying overlap and differences
- examining interactions with other laws, including laws regarding, toxic staff and bullying – what has changed in responding to these issues?
Applying the Changes to Aged Care, Steps to Take and Updating Policies and Practices
- Understanding what claims staff, residents or families can make against you using the new laws
- Examining the role of WorkSafe in investigating and enforcing requirements regarding psycho-social hazards and the current attitude of regulators
- Identifying psycho-social hazards relevant to your circumstances and environment. What questions / staff surveys or other means should you consider?
- Meeting you obligation to introduce, maintain and review control measures to eliminate (or minimise) psychosocial risks to health and safety.
- Updating policies to meet your obligations and expectations regarding psycho-social hazards
Deanna McMaster, Partner, MinterEllison
1.10 Break
1.20 Examining the Respect@Work Provisions, Including Positive Duties, and Application in to Aged Care Staff and Residents
- Examining the obligations arising from changes to discrimination legislation, including positive duties to ensure workplaces are, as far as possible, free from sex-based discrimination
- Outlining enforcement powers and approaches of regulators
- Understanding how the changes impact aged care facilities in identifying, monitoring and managing discrimination issues affecting staff and residents
Libby Pallot, Principal, Head of Workplace Relations, Employment and Safety Practice, Russell Kennedy Lawyers
2.20 Concluding Comments
2.30 Session Close
SESSION TWO – 21 November 2023
12.00 LawSense Welcome
12.05 Chairperson’s Introduction
Michael Hart, Chief of People & Mission, Southern Cross Care Qld
12.10 New Fair Work Legislation: Reviewing Current Impacts and Understanding Implications of Further Reform – Enterprise and Pay Bargaining, Casuals & Other Proposed Changes
Enterprise and Pay Bargaining
- Outlining key recent changes impacting aged care in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) legislation
- Examining the bargaining provisions and impacts on aged care:
- initiation of bargaining for replacement enterprise agreements
- multi-employer bargaining, including potential “roping in” through single interest bargaining
- intractable bargaining declarations
- termination of agreements
- changes to the better off overall test (BOOT)
- industrial action
- Examining what an aged care provider should be implementing now to optimise its position
Casuals and Other Proposed Changes
- Examining changes affecting casuals
- Exploring the impacts of other changes:
- changes regarding labour hire
- expanded rights of unions and union delegates
Tim Longwill, Partner, McCullough Robertson Lawyers
1.10 Break
1.20 Understanding and Managing “Wage Theft” Risk, Including Learnings from Aged Care and Other Recent Case Studies
Recently, a large, aged care provider self-reported underpayment of staff of over $6 million over a seven-year period and has now signed an enforceable undertaking with the regulator. “Wage theft” continues to be an area of regulator focus, including proposed criminal penalties for deliberate breaches. This session will help you navigate a complex system fraught with pitfalls and learn from recent cases to implement best practice:
- Navigating payment requirements in aged care and proposed further legislation regarding “wage theft”
- Learning from “wage theft” case studies
- Implementing best practice audits and approaches to limit wage theft risk
Lindy Richardson, Partner, Maddocks Lawyers
2.20 Concluding Comments
2.30 Event Close
Deanna McMaster provides practical, timely advice about statutory regimes and safety systems, working closely with clients nationally. Deanna often helps manage the immediate aftermath of an incident, and the investigations that may follow. Having acted for numerous regulators, Deanna understands both sides of the enforcement process.
Libby Pallot has significant experience advising clients across the health, aged care and social and community sectors. She regularly presents on employment issues including dealing with ill and injured employees and has previously spent nine years as a Board member of Uniting AgeWell (Victoria and Tasmania).
Tim Longwill has specialised in the Aged Care sector for more than 15 years. His practice concentrates on assisting the industry find commercial pathways through laws which impact on the provision of care in residential and home settings. In addition to assisting clients to establish and operate aged care operations, Tim has been involved in many of the landmark industrial relations decisions in the last decade. Tim acts for private, church and charitable and government clients and has a thorough understanding of all aspects of the provision of aged care.
Lindy Richardson advises on employment law, with a particular focus on industrial relations, employment, anti-discrimination and work health and safety law. She has significant experience in all employment-related litigation, including before the Fair Work Commission, the Federal Court, the Federal Circuit (and Family) Court of Australia and VCAT. She has advised clients from the private sector and from all levels of government in both Victoria and New South Wales. Lindy is recommended by the Legal 500 Asia Pacific (2023) Guide for her work in Labour & Employment.