Industrial Bar Events & Cpds

Industrial

Have the waters of the swampy lagoon that distinguish an employee from an independent contractor finally settled?

The Industrial Bar Association
21Apr

NEW DATE

It has been around 170 years since the phrases ‘contract of employment’ and ‘employer and employee’ first appeared in the law reports.  Since then there have been numerous decisions, including from the High Court, explaining these phrases.  One author of a well-known textbook around 40 years ago lamented the lack of consistency and ventured that the courts have ‘contrived to make it virtually impossible to draw a clear and consistent distinction between employees and independent contractors’. It was hoped that the ongoing uncertainty around these concepts would be addressed by the High Court once again re-visiting the characterisation issue in CFMMEU v Personnel Contracting [2022] HCA 1 and ZG Operations v Jamsek [2022] HCA 2, but are the waters any clearer?

This session will focus on these recent High Court decisions and how it has affected the state of the law.  What is the importance of the written contract? How useful is the multifactorial checklist that has guided the characterisation process the last few decades? How will these decisions affect the behaviour of employers and employees, including those in gig economies or using tripartite models? Where will the battle lines be drawn in future case? Senior counsel who appeared in these High Court cases, Mark Irving QC and Marc Felman S.C., will be sharing their insights while Jennifer Batrouney AM QC, counsel appearing in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118, will be chairing the session and providing her own insights including how the characterisation issue intercepts with taxation law.

Joining the Webinar

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Speaker(s): 
Jennifer Batrouney AM QC (Chair), Mark Irving QC, Marc Felman S.C.
When: 
Thursday, 21 April, 2022 - 17:00 to 18:30
1 CPD point(s):
Substantive Law;

Advanced Sexual Harassment law: causes of action, types of liability and the Respect@Work reforms

The Industrial Bar Association
8Nov

Claims arising from sexual assault or harassment can be complex. The seminar will canvas the causes of action available to a person who has been sexually assaulted or harassed, including actions available under discrimination laws, common law and the law regulating WorkCover.

Discrimination laws prohibit, and the common law regulates through tort, some sexual harassment. State and federal Acts and the common law adopt different rules that attribute liability to employers for that conduct. The application of those rules can lead to an employer’s direct (primary), vicarious or accessorial liability.  The contours of these rules of attribution will be discussed.

On 2 September 2021, the Federal Government’s Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 passed both houses of Parliament. It adopts six of the 55 recommendations made in last year’s Respect@Work:National Inquiry into Sexual Harassment report by the Australian Human Rights Commission. The reforms brought about by the Respect@Work legislation will be outlined.

Joining the Webinar

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This is an online only event.

Speaker(s): 
Mark Irving QC (Chair), Fiona Knowles, Diana Costaras, Tessa Duthie
When: 
Monday, 8 November, 2021 - 16:30 to 18:00
1.5 CPD point(s):
Substantive Law;

Protecting confidential information in the 21st century: The new technologies and some practical tips for litigation

The Industrial Bar Association
19Oct

Australia’s economy is changing. Rapid advances in technology, social media, the new forms of work, and the start-up phenomenon, have all changed the way in which Australian business treats its intellectual property, trade secrets and know how. The protection of confidential information, and the detection of its misuse, is only going to assume increasing importance as these changes to our economy continue to evolve.

Breach of confidence claims can be fast paced, high stakes, and stressful for both plaintiff and defendant. They can be just as stressful for the legal advisers and the Court. The purpose of this session is to discuss the tips and traps for running a breach of confidence claim, and in particular, the initial stages of seeking interlocutory relief. The session will cover tips and traps from both the plaintiff and defendant perspective.

Deloitte’s Forensic Services team will join us to explain the new software available to business to protect confidential information and detect its misuse – evidence will no longer be just about email searches, log in tracking and USB tracing.

Joining the Webinar

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This is an online only event.

Speaker(s): 
Justice Melinda Richards – Supreme Court of Victoria (Chair), Chris Hill (Deloitte – Forensic Services), Siobhan Kelly (Victorian Bar), Leigh Howard (Victorian Bar)
When: 
Tuesday, 19 October, 2021 - 16:30 to 18:00
1.5 CPD point(s):
Substantive Law;

Getting the Most Out of Alternative Dispute Resolution in Industrial Law Matters

The Industrial Bar Association
24Jun

Conciliation is a staple element of any proceeding in the Fair Work Commission. Mediation is a standard step in any court proceeding. It is important for industrial lawyers (and sophisticated clients) not to miss an important opportunity to fully explore the prospects of resolving, or at least narrowing the issues in dispute, in matters.

This session will focus on some of the specific issues that arise in industrial law proceedings. How does mediation differ from conciliation? Why have both? What types of matters might benefit from pre-trial mediation? Is arbitration a realistic alternative? Should the approach differ when in mediations with regulators? Consideration will also be given to practical matters such as preparation for mediation, how best to manage the psychological byplay that often arises, and how to break through roadblocks during mediations.

Joining the Webinar

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This is an online only event.

Speaker(s): 
Paul O’ Grady QC (Chair), David Ryan (Registrar, Federal Court of Australia), Brian Lacy AO (Victorian Bar, former Senior Deputy President, AIRC)
When: 
Thursday, 24 June, 2021 - 16:30 to 18:00
1.5 CPD point(s):
Barristers Skills;

Industrial Action – Compliance with orders and the need for it to have an industrial character

The Industrial Bar Association
24Sep

The speakers in this seminar will address two key issues that have emerged in the law about how the Fair Work Act 2009 conceives of “industrial action” and when action of that kind might be denied legal protection.

From Union T Shirts to Blue Flue to attendance at a rally.  The first topic of this seminar will address the requirement that “industrial action” have an industrial character or purpose by reference to Communications, Electrical, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Laing (1998) 89 FCR 17,  Automotive, Food Metals, Engineering, Printing and Kindred Industries Union v The Age Company Ltd [2004] AIRC 1254 and CFMEU v BHP Coal [2015] FCAFC 25.

The second topic will address the consequences that arise under s. 413(5) of the Fair Work Act 2009 if a party who is organising industrial action has failed to comply with an order and the options available to attempt to remedy such non-compliance. The discussion will address the High Court’s view of the section in Esso Australia Pty Ltd v Australian Workers’ Union (2017) 263 CLR 551 and the nunc pro tunc revocation remedy discussed in that case, including by reference to what was said recently on that subject by a Full Federal Court in Australian Rail, Tram and Bus Industry Union v Metro Trains Melbourne Pty Ltd [2020] FCAFC 81.

Joining the Live Webinar

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Speaker(s): 
Malcolm Harding SC (Chair), Chris O’Grady QC, Yasser Bakri
When: 
Thursday, 24 September, 2020 - 17:00 to 18:00
1 CPD point(s):
Substantive Law;