Regulating the Employee Relationship: Strategy and Procedure - recorded online conference

You can put your staff in the boardroom and watch it there. You can watch it on your computer or on your portable electronic device. All for the same low price.

The conference will be based on our highly successful video webinar technology: there’ll be a chairperson, a panel of experts, presentations and discussions.

Session 1: Working Beyond the Nine to Five: Hours of Work and Employer Obligations

An employee can work a maximum of 38 hours in a week unless an employer asks them to work reasonable extra hours. Sounds simple enough in theory, but what is meant by ‘reasonable’? And, what are the risks of employers when staff are putting in more than the maximum hours of work? This session unpacks the tricky issues surrounding hours of work, including:

• What does the award, enterprise agreement or other registered agreement say?
• Understanding the spread of hours and averaging arrangements that may apply
• What factors determine whether additional hours are reasonable?
• Addressing increased work flow versus employee fatigue
• What do your workplace policies say?
• Responding to an employee complaint regarding long hours – tips and tricks
• Two jobs with a single employer – do the hours count as one? Lessons from Lacson v Australian Postal Corporation
• Case study: King Wood Mallesons’ Worksafe investigation

Session 2: Casual Employment Post Workpac

Considerable media attention was afforded to the Full Federal Court decision in WorkPac Pty Ltd v Skene, which confirmed the tests for the characterisation of casual employment. The resulting outrage led to the Federal Parliament regulating to address “double dipping”. But is the issue now finally settled? This topic examines:

• WorkPac Pty Ltd v Skene: understanding the Court’s decision and its impact

• The new Fair Work regulation

• Compliance with casual conversion clauses in modern awards

• What is the ‘trigger point’ for casual conversion and when can an employer refuse?

• Continuing legal risks with casual employment and how to manage them

• Casual employment and the rise of class actions

• Future reforms – what employers should expect on the horizon for casuals

Session 3: Privacy in the Workplace: Whose Right is it Anyway?

Do employees have a right to privacy in the workplace? And, when is it appropriate to monitor employees’ off-duty conduct? With the rapid rise of technology in the workplace, it has never been easier for employers to monitor their staff – but when are they breaking the law? This session examines the tricky issue of workplace privacy rights, including:

• When do employers attract obligations under the Privacy Act?

• Do employees have a right to privacy in their telephone conversations, voicemail or text messages?

• Does this right extend to out of hours conduct?

• Employer access to employees’ social media content

• Do have in their e-mail messages and internet usage while using the employer's computer system?

• GPS tracking, biometrics and video surveillance – what are your compliance obligations?

• Health checks and drug and alcohol testing in the workplace – a potential breach of privacy?