Workplace Law Highlights Seminar

06/16/2020 04:00 pm 06/16/2020 05:00 pm Australia/Melbourne Workplace Law Highlights Seminar

The Workplace Law Highlights Seminar focuses on the new Workplace Manslaughter laws and updates to the Fair Work Act (2009).

What do the new Industrial Manslaughter laws mean for companies and their officers?

What are the latest developments in the general protections under the Fair Work Act (2009)?

New Industrial Manslaughter laws

From 1 July this year, workplace manslaughter will be a jailable offence. Under the recently passed amendments to Victoria's Occupational Health and Safety Act, employers, self-employed persons and, in some cases, directors and officers of companies who, by their negligent conduct, cause the death of anyone who is owed a duty under the OHS Act face fines of up to $16.5 million for companies and up to 20 years in jail for individuals. Dr Eric Windholz, Senior Lecturer and former General Counsel of WorkSafe Victoria, will explain the new laws, what led to their enactment, and what can be expected once they take effect.

Fair Work Act developments in adverse action and general protections

Emma Goodwin, Senior Associate from MinterEllison and co-author of the book General Protections under the Fair Work Act (LexisNexis 2019), will discuss some recent developments and complex issues in relation to Part 3-1 of the Fair Work Act 2009 (Cth), including:

  • Section 351 disability claims in light of Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181
  • Section 341(1)(c)(ii) "complaint or inquiry" claims in light of PIA Mortgage Services Pty Ltd v King [2020] FCAFC 15
  • Section 361 and the situation of multiple decision makers in light of Australian Red Cross Society v Queensland Nurses' Union of Employees [2019] FCAFC 215 and predecessor cases

Speakers

Dr Eric Windholz
Senior Lecturer, Associate, Commercial Law and Regulatory Studies, Monash University

Eric Windholz is a Senior Lecturer in the Monash Law Faculty and an Associate with the Monash Centre for Commercial Law and Regulatory Studies. Immediately prior to joining the Faculty, Eric was with WorkSafe Victoria where he held a series of senior positions, including as General Counsel and General Manager, Strategic Programs & Support.

Eric's research focuses on regulatory theory and practice, or what he describes as the science and art of modern regulatory practice. Through this research, Eric explores how regulation, public policy and the law intersect to inform regulatory regime design and implementation. Eric's research has been applied to the examination of regulatory regimes in important social and economic domains including occupational health and safety, disability services, the environment and most recently sport.

Emma Goodwin
Senior Associate, Minter Ellison

Emma is a Senior Associate in the workplace law practice with MinterEllison, Melbourne. Emma has been practising in employment and industrial law since 2001 and prior to joining MinterEllison held senior roles in other top tier law firms and with the Fair Work Ombudsman.

Emma has a Master of Labour Relations Law degree from the University of Melbourne and is Legislation and Reports Editor of the Australian Journal of Labour Law.

Emma has had a particular interest in matters arising under Part 3-1 of the Fair Work Act 2009 (Cth) since its inception and deals with these matters regularly in her practice, as well as lecturing on the subject from time to time. Emma recently co-authored the Lexis Nexis textbook General Protections under the Fair Work Act (published July 2019) and has also published several articles on aspects of Part 3-1, particularly in the Employment Law Bulletin.

Tim Donaghey, Barrister

Tim is a leading industrial relations and employment law barrister with extensive experience advising on matters such as employment and contractor agreements, awards, general protections, industrial action, injunctive relief and commercial proceedings related to workplace law.

He has a national practice and is a member of both the Victorian and New South Wales Bars. Tim holds a Bachelor of Laws from the University of Melbourne.

Before being called to the bar in 2002, Tim practised as a solicitor in employment law and industrial relations. He also provided legal counsel for the Australian Hotel Association in Canberra. Tim is the author of the first and second editions of ‘Termination of Employment’ and the co-author of ‘General Protections under the Fair Work Act’.

Session Chair

Professor Marilyn Pittard
Associate Dean Academic, Monash Law Faculty

Professor Marilyn Pittard is Professor and Associate Dean Academic in the Monash Law Faculty, Deputy Director of the Monash Centre for Commercial Law and Regulatory Studies and President of the Australian Labour Law Association.


Event Details

Date:
16 June 2020 at 4:00 pm – 5:00 pm

Description

The Workplace Law Highlights Seminar focuses on the new Workplace Manslaughter laws and updates to the Fair Work Act (2009).

What do the new Industrial Manslaughter laws mean for companies and their officers?

What are the latest developments in the general protections under the Fair Work Act (2009)?

New Industrial Manslaughter laws

From 1 July this year, workplace manslaughter will be a jailable offence. Under the recently passed amendments to Victoria's Occupational Health and Safety Act, employers, self-employed persons and, in some cases, directors and officers of companies who, by their negligent conduct, cause the death of anyone who is owed a duty under the OHS Act face fines of up to $16.5 million for companies and up to 20 years in jail for individuals. Dr Eric Windholz, Senior Lecturer and former General Counsel of WorkSafe Victoria, will explain the new laws, what led to their enactment, and what can be expected once they take effect.

Fair Work Act developments in adverse action and general protections

Emma Goodwin, Senior Associate from MinterEllison and co-author of the book General Protections under the Fair Work Act (LexisNexis 2019), will discuss some recent developments and complex issues in relation to Part 3-1 of the Fair Work Act 2009 (Cth), including:

  • Section 351 disability claims in light of Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181
  • Section 341(1)(c)(ii) "complaint or inquiry" claims in light of PIA Mortgage Services Pty Ltd v King [2020] FCAFC 15
  • Section 361 and the situation of multiple decision makers in light of Australian Red Cross Society v Queensland Nurses' Union of Employees [2019] FCAFC 215 and predecessor cases

Speakers

Dr Eric Windholz
Senior Lecturer, Associate, Commercial Law and Regulatory Studies, Monash University

Eric Windholz is a Senior Lecturer in the Monash Law Faculty and an Associate with the Monash Centre for Commercial Law and Regulatory Studies. Immediately prior to joining the Faculty, Eric was with WorkSafe Victoria where he held a series of senior positions, including as General Counsel and General Manager, Strategic Programs & Support.

Eric's research focuses on regulatory theory and practice, or what he describes as the science and art of modern regulatory practice. Through this research, Eric explores how regulation, public policy and the law intersect to inform regulatory regime design and implementation. Eric's research has been applied to the examination of regulatory regimes in important social and economic domains including occupational health and safety, disability services, the environment and most recently sport.

Emma Goodwin
Senior Associate, Minter Ellison

Emma is a Senior Associate in the workplace law practice with MinterEllison, Melbourne. Emma has been practising in employment and industrial law since 2001 and prior to joining MinterEllison held senior roles in other top tier law firms and with the Fair Work Ombudsman.

Emma has a Master of Labour Relations Law degree from the University of Melbourne and is Legislation and Reports Editor of the Australian Journal of Labour Law.

Emma has had a particular interest in matters arising under Part 3-1 of the Fair Work Act 2009 (Cth) since its inception and deals with these matters regularly in her practice, as well as lecturing on the subject from time to time. Emma recently co-authored the Lexis Nexis textbook General Protections under the Fair Work Act (published July 2019) and has also published several articles on aspects of Part 3-1, particularly in the Employment Law Bulletin.

Tim Donaghey, Barrister

Tim is a leading industrial relations and employment law barrister with extensive experience advising on matters such as employment and contractor agreements, awards, general protections, industrial action, injunctive relief and commercial proceedings related to workplace law.

He has a national practice and is a member of both the Victorian and New South Wales Bars. Tim holds a Bachelor of Laws from the University of Melbourne.

Before being called to the bar in 2002, Tim practised as a solicitor in employment law and industrial relations. He also provided legal counsel for the Australian Hotel Association in Canberra. Tim is the author of the first and second editions of ‘Termination of Employment’ and the co-author of ‘General Protections under the Fair Work Act’.

Session Chair

Professor Marilyn Pittard
Associate Dean Academic, Monash Law Faculty

Professor Marilyn Pittard is Professor and Associate Dean Academic in the Monash Law Faculty, Deputy Director of the Monash Centre for Commercial Law and Regulatory Studies and President of the Australian Labour Law Association.



Name
Elly Mitchell
E-Mail
elly.mitchell@monash.edu
Phone
03 9905 5631