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13 9月 2023
Insight
Australia
Join our experts as they discuss and share their views on the latest developments we are seeing in the employment, industrial relations and workplace healthy and safety space covering areas such as underpayment compliance, annualised salary provisions, industrial manslaughter laws and what key legislative changes mean for employers.
Safety Leadership Series: The Changing Landscape for ESG Board and Executive Governance
11 September 2023
In this webinar Sydney Workplace Health & Safety Partner, Nerida Jessup, will facilitated a discussion with Lauren Selby, Head Office Advisory Team (HOAT) Partner, and Melanie Debenham , Environment, Planning & Communities Partner on changing governance practices under current and evolving regulatory frameworks, how ESG-driven standards are impacting comprehensive and broader reporting – and how boards are positioning themselves to discharge their obligations with care and diligence whilst delivering on ESG ambitions.
Safety Leadership Series: Stretching the bounds of work health and safety
19 May 2023
In this webinar we explore some of the more unusual cases in recent years which typify the broadening of the boundaries of WHS law. Managing Partner Steve Bell moderates a panel of our work health and safety experts across Australia as they each reflect on changes in their jurisdiction.
Employment & IR Briefing Series: The Secure Jobs, Better Pay legislation is through, so what now?
2 March 2023
In our first Employment & IR Briefing Series event for 2023, Wendy Fauvel moderated a panel of experts spanning our national Employment and IR team including Rachel Dawson, Shivchand Jhinku and Brad Popple.
In this webinar our panel broke down some common myths and shared insights on what employers can be doing to effectively navigate these changes. Our panel also looked forward to what might come next, including the “closing loophole” legislation that is planned by Labor in the second half of the year.
Safety Leadership Series: Dealing with workplace crisis and incidents
8 December 2022
In our final edition of the Safety Leadership Series for 2022, Steve Bell and Aaron Anderson are joined by Special Counsel, Lucy Bochenek to swap notes from their years of experience supporting employers and individuals following serious workplace incidents.
The team reflect on the issues and decisions that really matter in the days, weeks and months following an incident:
- What happens next, preparing for the long haul
- Navigating the regulator’s investigation
- Supporting impacted workers and families
- Preparing for the legal, commercial and reputational challenges and surprises
- Supporting directors, officers and leadership
We hope these insights are valuable, and we really look forward to bringing you future editions of our Safety Leadership Series in 2023.
The Third Wheel Podcast Series (ESG in Australia): Episode 21: The role of challenge, discomfort and humility in positive workplace cultures with Professor Brock Bastian
28 September 2022
In this episode, our Employment, Industrial Relations and Safety team take the wheel, with Nerida Jessup and Drew Pearson hosting special guest, Professor Brock Bastian, School of Psychological Sciences, University of Melbourne. They build upon an earlier episode and the concept that good work is good for people, by delving into some of the strategies that give people the capacity to respond to difficult experiences and navigate conflict, maintain positive relationships and build effective workplace cultures.
The Third Wheel Podcast Series (ESG in Australia): Episode 20: Board accountability and reporting on workplace misconduct with Nerida Jessup, Anna Creegan and Lucy Boyd
13 September 2022
In this episode, our Employment, Industrial Relations and Safety team take the wheel again, with Nerida Jessup hosting special guests Anna Creegan and Lucy Boyd. Nerida, Anna and Lucy have a conversation around how organisations are responding to the increased community and shareholder expectations on transparency around sexual harassment and other workplace conduct issues. Together they look at the key drivers of this change including how the increased focus of safety regulators on sexual harassment has changed approaches to reporting, as well as the scrutiny around the use of non-disclosure agreements.
Safety Leadership Series: Safety Leadership Series: Work Health & Safety reform across Australia
25 August 2022
Our second ‘Safety Leadership Series’ webinar for 2022 looked at work health and safety reform across Australia. Partners Steve Bell, Aaron Anderson, Olga Klimczak and special counsel Lucy Bochenek discussed the findings from the Enough is Enough report on sexual harassment in the FIFO mining industry, including the broader WHS implications and related reform in other jurisdictions, such as the Victorian Government’s response to recommendations of the Ministerial Taskforce on Workplace Sexual Harassment.
This podcast briefing is also available to watch as a video, which you can access here.
The Third Wheel Podcast Series (ESG in Australia): Episode 14: Fix the workplace, not the worker with David Burroughs, Westpac
4 May 2022
Our Employment, Industrial Relations and Safety team take the wheel, with Olga Klimczak and Nerida Jessup hosting special guest, David Burroughs, Chief Mental Health Officer at Westpac. It’s an important, and lively, discussion on how organisations are shaping work and workplace culture so that our jobs are ‘good’ for our mental health. David speaks candidly about the issues corporates are grappling with and cautions against feel good programs with high visibility, low impact. For companies getting it right – giving people the opportunity to genuinely thrive - the business case is profound for a strategy that encapsulates performance, productivity and mental health. And in a podcast first, David fact checks our closing remarks – you’ll want to note down ‘psychological agility’!
Safety Leadership Series: What are we talking about if we aren’t talking about Covid
24 February 2022
Many employers are planning the transition to a post-pandemic workplace. In the first Safety Leadership Series webinar for 2022 we reflected on some of the non-Covid related issues employers will need to contend with in the coming year. In other words, how do we prepare for the new normal?
Our panel of experts reflected on some of the non-Covid related issues employers will need to contend with in the coming year, including managing safety in the hybrid office workplace and for changing workforces, looking at mental health and sexual harassment as a safety issue, and lessons learned from recent case law related to contractor management.
This podcast briefing is also available to watch as a video, which you can access here.
Australian EIRS podcast EP21: The Year Ahead
17 February 2022
2022 is set to be another tumultuous year for Australian businesses. The ongoing pandemic and upcoming Federal Election, amongst many other things, will continue to rock the employment and industrial relations space.
Our first Employment & IR Briefing webinar for this year provided an overview of the key issues our clients need to be across for business. Partner Natalie Gaspar facilitated a panel of experts from our national Employment, Industrial Relations & Safety group as we unpacked Covid-19 and vaccinations; underpayments, compliance and the Fair Work Ombudsman; the 2022 Federal Election and the ALP and Coalition’s employment policies; and Respect@Work, #MeToo and the evolving expectations of employees.
This podcast briefing is also available to watch as a video, which you can access here.
Australian EIRS podcast EP20: Hybrid Working in 2022 and Beyond
30 November 2021
In this latest briefing, which was designed to help frame employers' thinking around hybrid working, our panel of experts explored employee sentiment for hybrid and blended working, and discussed some the key elements of a successful work-from-home strategy.
This podcast briefing is also available to watch as a video, which you can access here.
Australian EIRS podcast EP19: Employment and IR Briefing Series: Mandating Vaccines at Work
14 September 2021
Organisations across the globe are trying to motivate as many employees as possible to get the vaccine. Many are offering incentives while some are starting to mandate vaccines where many feel public health orders have stopped short – but at what cost?
In this podcast our panel of experts discussed the key issues that arise with this complex topic. What do employers need to consider in developing their approach? Will it be a lawful and reasonable direction for employers to mandate vaccinations? How are companies encouraging their employees to vaccinate? What do employers need to consider once they have decided their policy?
This podcast briefing is also available to watch as a video, which you can access here.
Australian EIRS podcast EP18: Safety Leadership Series: Psychological Safety in the Workplace
15 July 2021
In May 2021 the Federal, State and Territory Ministers met and voted to amend the model Work Health and Safety Regulations which will see the inclusion of specific provisions on psychosocial risks in the Regulations.
In this briefing, our national panel of safety experts including Steve Bell (Melbourne), Anna Creegan (Perth), Aaron Anderson (Brisbane) and special counsel Nerida Jessup (Sydney) discuss the impact of impact of psychological safety policy and legal developments on the management of psychosocial risks in the workplace.
This podcast briefing is also available to watch as a video, which you can access here.
Australian EIRS podcast EP17: Employment and IR Briefing Series: Underpayments and ‘wage theft’ – latest developments and insights
23 June 2021
As many organisations grapple with historical claims and the aggressive approach being adopted by the regulator, the Fair Work Ombudsman, this podcast briefing will provide practical guidance and insights for employers, including what we are seeing in relation to underpayment issues, self-reporting and our experience using external accounting firms to conduct compliance audits, and what do managers and directors need to do to manage the due diligence obligations under the Victorian wage theft laws, and what are the chances this will be expanded nationally.
Featuring partners Anthony Wood (Melbourne) and Anna Creegan (Perth), with Executive Counsel Wendy Fauvel (Brisbane) and Senior Associate Rommo Pandit (Sydney)
This podcast briefing is also available to watch as a video, which you can access here.
Australian EIRS podcast EP15: Safety Leadership Series: Sexual harassment and gendered violence in the workplace
19 March 2021
In 2020, the AHRC 'Respect@Work' report called out sexual harassment as fundamentally a WHS issue, to which safety policy makers and regulators ought to take a greater education and compliance role. Following on from the release of that report, SafeWork Australia has released its 2021 guidance material on Preventing Workplace Sexual Harassment. Partners Aaron Anderson (Brisbane) and Drew Pearson (Sydney) and Special Counsel Nerida Jessup (Sydney) discussed the employment and WHS obligations employers need to be aware of to prevent sexual harassment and gendered violence in the workplace, as well as considerations and risks in employer intervention and response to incidents and complaints.
This podcast briefing is also available to watch as a video, which you can access here.
Australian EIRS podcast EP14: The top four issues facing Australian employers this year
19 January 2021
To start off the new year, the 13 partners and more than 60 lawyers from the Australian Employment, IR and Safety team at Herbert Smith Freehills contributed their thoughts about the likely big ticket employment items in 2021. Melbourne partners Anthony Wood and Natalie Gaspar look at the top four issues we identified, and what you need to know to prepare your business.
This podcast briefing is also available to watch as a video, which you can access here.
Listen on Apple | Listen on Spotify
Australian EIRS podcast EP13: Australian IR Reforms: Our analysis of the workplace relations reform
14 December 2020
In this podcast briefing, our Employment and IR team reviewed some of the interesting aspects in the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020, following its release last week.
We discuss the media reaction to date, the union demerger proposal, the impact of the changes to casual employees, criminal sanctions for underpayment, enterprise bargaining and other implications. The podcast was hosted by Partner Anthony Longland (Perth), with contributions from Partners Natalie Gaspar (Melbourne), Drew Pearson (Sydney) and Executive Counsel, Wendy Fauvel (Brisbane).
Listen on Apple | Listen on Spotify
Australian EIRS podcast EP12: Safety Leadership Series: Mental Health Maturity Project in conversation with Dr Ali Burston
19 November 2020
In our final Safety Leadership Series briefing for the year, we discussed workplace mental health and wellbeing, and what businesses can learn from recent research on mental health literacy.
Partner Anna Creegan hosted the session, in conversation with Dr Ali Burston (MAPS, PSIOPA), an AHPRA Endorsed Organisational Psychologist and the founder and Managing Director of Perth-based consulting firm, Metisphere.
During this session we discussed Dr Burston’s research into managing mental health in the workplace, trends and key findings on workplace mental health, as well as and managing mental health as a safety issue and strategies for organisational improvement.
Listen on Apple | Listen on Spotify
Australian EIRS Podcast EP11: Safety Leadership series: 2020 year in review
27 October 2020
In this podcast briefing, our Safety team reviewed the key developments in health and safety during 2020.
During this session they shared our health and safety insights from 2020, including in relation to Australia’s industrial manslaughter laws and the latest prosecutions, Covid-19 and working from home and return to work WHS considerations, the recent draft WHS Code of Practice, and other key case law and legislative developments.
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Australian EIRS Podcast EP10: Employment and Industrial Relations: What’s next?
16 September 2020
In this episode we discuss the most recent employment and IR issues and developments for HR practitioners and general counsel. Our panel canvass the lessons and insights they have been sharing with clients during this most uncertain economic period in a generation. We provide an update on COVID-19 and JobKeeper, how the federal governments IR reform is progressing, the recent state government ‘wage theft’ reforms, and the recent Report on workplace sexual harassment inquiry. The podcast was hosted by partner Anthony Longland in conversation with partners Kirsty Faichen (QLD), Natalie Gaspar (VIC), Drew Pearson (NSW) and Anthony Wood (VIC).
Listen on Apple | Listen on Spotify
Australian EIRS Podcast EP9: Safety Leadership Series: Workplace manslaughter developments
27 July 2020
Nearly all Australian States and Territories have approached the law around Workplace Manslaughter differently, in a further departure from the proposed ‘harmonisation’ of safety laws. The introduction of these very serious criminal offences is the topic of discussion in boardrooms, executive teams and across the safety profession. Our latest podcast provides a national snapshot of the state of these laws. Our safety leaders in each of our Australian offices, partners Steve Bell (VIC) Anna Creegan (WA), Aaron Anderson (QLD) and special counsel, Nerida Jessup (Sydney), together share the lessons and insights we have been sharing with clients in these significant developments.
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Australian EIRS Podcast EP8: Panel discussion: National Inquiry into Sexual Harassment in Australian Workplaces
5 June 2020
In this episode, we discuss the key findings of the Australian Human Rights Commissions’ fourth national survey on Sexual Harassment in Australian Workplaces report, and how employers can be on the front foot to address these issues. Led by partner Tony Wood, the discussion features guest panellists: Heather Price (CEO, Symmetra), Tamsin Lawrence (Deputy Director - Workplace Relations, Australian Chamber of Commerce and Industry), Catherine Dixon (Executive Director, Victorian Human Rights and Equal Opportunity Commission) and HSF senior associate, Lucy Boyd.
Listen on Apple | Listen on Spotify
Australian EIRS Podcast EP7: Employment and Industrial Relations: Key predictions for 2020
10 January 2020
Our latest podcast focuses on the key issues we expect to see in employment and industrial relations as we look ahead to 2020. Melbourne partners Anthony Wood and Natalie Gaspar share their trends and predictions covering areas such as underpayment compliance, the proposed changes to annualised salary provisions and key legislative changes. It’s essential listening to understand the biggest issues we are seeing for our clients in employment and IR in the coming year.
Listen on Apple | Listen on Spotify
Australian EIRS Podcast EP6: Employment and Industrial Relations: Future of work – employee activism
16 January 2020
Partners Anthony Longland and Natalie Gaspar discuss some of the results from a global survey presented in our report 'Future of Work: Adapting to the democratised workplace’. The report warns of an unprecedented rise in workforce activism ahead and what the findings might mean for the union movement in Australia.
Listen on Apple | Listen on Spotify
Australian EIRS Podcast EP5: Safety Law: Due diligence and director duties
5 July 2019
In this episode, safety partners Aaron Anderson and Steve Bell share their thoughts on the important issue of Director and Officer ‘due diligence’ under safety laws. These obligations impose high standards on senior leaders to actively engage in governance over safety matters. Steve and Aaron explore the nature of the obligations, but also have a lively discussion about whether the laws are actually working as intended, and are being enforced by regulators fairly and accurately.
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Australian EIRS Podcast EP4: Safety Law: Introduction of industrial manslaughter offences
28 May 2019
Our safety partners, Steve Bell and Aaron Anderson, discuss the impending introduction of industrial manslaughter offences across Australia. They reflect on the progress and trends since it was introduced in Queensland, following the tragic Dreamworld and Eagle Farm fatalities. Steve and Aaron look to the future function of the legislation and what in-house safety, risk or legal teams should do to prepare their business for this new regime.
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Australian EIRS Podcast EP3: Federal Election Reforms: Post-election update – what’s ahead for IR?
28 May 2019
In the final episode of our Federal Election Reforms series, partner Anthony Longland asks Wendy Fauvel, executive counsel responsible for our pre-election Industrial Relations Law Reform Agendas, what the Coalition are proposing in relation to industrial relations this year. Are there changes ahead or is it simply business as usual?
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Australian EIRS Podcast EP2: Federal Election Reforms: Whistleblowing
14 May 2019
As part of our Federal Election Reforms series, our latest episode focuses on the proposed reforms to whistleblower legislation and how similar laws have operated in the US, including the impact they have had upon business. It’s essential listening to assist understanding of the potential implications of the suggested reforms. The podcast is moderated by Perth partner Anthony Longland, who is joined by New York partner Barbara Roth and Sydney partner Shivchand Jhinku.
Listen on Apple | Listen on Spotify
Australian EIRS Podcast EP1: Federal Election Reforms: Employment and industrial relations
26 March 2019
As part of our Federal Election Reforms series, this episode focuses on the Australian Labor Party’s policy platform. It’s essential listening for HR professionals to assist understanding of the new employment landscape, which is being heavily influenced by the ACTU’s ‘Change the Rules’ campaign. The podcast is moderated by Perth partner Anthony Longland, who is joined by Melbourne partners Tony Wood and Natalie Gaspar.
Listen on Apple | Listen on Spotify
Featured podcasts
Our team have also been featured in conversation across the wider HSF network. Hear from our experts below as they provide insights to help you recover, rebuild and reform as a result of Covid-19.
EP71: Catalyst: Employment and Safety requirements and expectations for the Covid vaccine (Australia)
Wednesday 17 February 2021
With many of our clients preparing for or in the process of returning their workforce to their Australian-based offices, our Catalyst series is returning for 2021 to discuss the role of organisations and implications for the roll out of a COVID vaccine. Dr Andrew Ebringer, Regional Medical Director and Consulting Lead for Australasia at International SOS and Nerida Jessup, Special Counsel from our Sydney Safety team join host Drew Pearson, Partner in our Sydney Employment and Industrial Relations team to explore the complex considerations for employers considering the issue of COVID-19 vaccinations.
EP60: Catalyst: Reopening offices - Risks & Opportunities (Australia)
23 September 2020
EP36 COVID-19: People: Mining-related legislation and instruments (Australia)
26 May 2020
EP29 COVID-19: Preparing businesses to return their people to work (Australia)
14 May 2020
EP12 COVID-19: Tax and Employment Issues of JobKeeper Payment (Australia)
15 April 2020
EP11 COVID-19: Impact of Regulatory Behaviour (Australia)
8 April 2020
EP9 COVID-19: Liquidity, Employment and Contracts (Australia)
1 April 2020
EP3 COVID-19: Australian employment and safety related issues arising out of COVID–19 (Australia)
25 March 2020
EP2 Part 2 COVID-19: Legal issues arising out of COVID–19 (Australia)
23 March 2020
EP1 COVID-19: Panel Discussion – Impact on Business (Australia)
16 March 2020
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Key contacts
Steve Bell
Managing Partner - Employment, Industrial Relations and Safety (Australia, Asia), Melbourne
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The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
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