Obtain 4 CPD Units in Professional Skills
Time: 9:00am – 1:15pm
Date: Thursday 2nd May, 2019
Location: Law Society of SA, level 10, 178 North Terrace Adelaide
Chair: Brian Austin, 3 Shell Chambers
9:00am – 10:00am
Skene – how to manage the fall-out
Presenter: John Love, EMA Legal
1 CPD Unit in Professional Skills
This seminar discusses the implications of the Full Federal Court’s decision in WorkPac Pty Ltdv Skene [2018] FCAFC 131. The Full Court considered whether Parliament intend the words ‘casual employees’ in the NES to be used in their ordinary, legal sense, or the specialised non-legal sense. The Court was not persuaded there is a uniformly understood specialised meaning of ‘casual employee’ in federal industrial instruments. Employers have expressed concern at this decision as giving rise to employees ‘double dipping’ on entitlements as they already have received a casual loading. The seminar provides some practical advice for solicitors on ensuring the new tests are met.
10:00am – 11:00am
Underpayment claims – the contractor / employee distinction
Presenter: Matoula Makris, HWL Ebsworth Lawyers
1 CPD Unit in Professional Skills
The perennial contractor / employee distinction in employment law remains a topical issue as the nature of workplaces continue to evolve. This seminar considers the key indicia of a contractor versus an employee, the risks of getting this distinction wrong, case studies and tips and traps when engaging such workers.
11:00am - 11:15am – morning tea
11:15am – 12:15pm
Zombie agreements – dead or alive?
Presenter: Tom Earls, Fair Work Lawyers
1 CPD Unit in Professional Skills
‘Zombie agreement’ is a term used to describe collective bargaining agreements past their nominal expiry date, particularly agreements made before the Fair Work Act 2009 came into effect. This seminar addresses how to ensure an agreement keeps pace with legislative requirements; terminating an enterprise agreement and, the National Employment Standards (NES) – minimum employment entitlements that apply to all employees. The NES is relevant to solicitors reading agreements particularly as the NES might be inconsistent with the express terms of the Agreement.
12:15pm – 1:15pm
The ‘BOOT’ explained
Presenter: Liz Dooley, ANMFSA
1 CPD Unit in Professional Skills
To approve an enterprise agreement, the Fair Work Commission must be satisfied that the agreement passes the ‘better off overall test’ under section 193 the Fair Work Act 2009 (Cth) with certain exceptions. This seminar explains what the test is, its exceptions, how to ensure the test is satisfied, the test’s application to underpayment claims, and looks at the context to this, including individual flexibility agreements.
Fees:
Concession/GDLP $120
Member more than 3 years: $205
Member Less than 3 years: $160
Non-member $340
Platinum $120