‘Set off’ in industrial and employment law: where are we now, and where are we headed?


At a time when questions of characterising work relationships are evolving at pace, an understanding of the scope and operation of ‘set off’ in industrial law has perhaps never been so important. Despite several Federal Court judgments over the past several years grappling with industrial law ‘set off’ – including Workpac Pty Ltd v Rossato, Wardman v Macquarie Bank Ltd, and Fair Work Ombudsman v Transpetrol – a range of legal and practical questions remain. How ‘close’ is the required correlation? What happens where the underpayment arises from a failure by the parties to create the type of relationship they intended? Over what period can one set off? How does set-off fit with s 545 of the Fair Work Act?

This session aims both to explore those questions and identify the likely battle lines of future cases.


This is an in-person event and will also be available online via livestream.