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18 12月 2024
Insight
Australia
Each episode arms human resources, industrial relations and legal professionals with the latest industrial relations thinking. It’s delivered in a straight talking, engaging and entertaining format, generally in 15-20 minute episodes, that will suit listening/watching on your daily commute.
We will keep you up to date with legislative reform, the latest case law developments and perspectives on industrial relations issues playing out in workplaces across the country.
Episode 24: End of Year IR Wrap
Recorded 5 December 2024
In this not-to-be-missed final episode of InsideIR for 2024, your favourite IR team has done all the hard work for you, and pulled together a succinct summary of:
- the top 5 issues that shaped industrial relations in 2024, and
- our predictions on the top 5 IR issues that you will need to get ahead of for 2025.
In this bumper end-of-year edition, Rohan Doyle is accompanied by no less than 9 of his HSF IR colleagues from across the country.
Rohan Doyle (Partner), Victoria Fijalski (Senior Associate), Mathew Reiman (Senior Associate), Rachel Dawson (Partner) and Anna Creegan (Partner) review and reflect on 2024, calling out:
- the steady stream of IR reform,
- learnings from the new intractable bargaining jurisdiction,
- the impact of same-job-same-pay,
- the rise of multi-enterprise bargaining, and
- the continued flow of FWO underpayment penalty proceedings.
Meanwhile, Wendy Fauvel (Partner), Kara Reynolds (Executive Counsel), Drew Pearson (Partner), Jessica Light (Senior Associate) and Sophie Beaman (Executive Counsel) look into their crystal ball, and outline the five IR issues to keep an eye on in 2025, including:
- the approaching Federal Election and potential further reform,
- the rise of the right to disconnect and flexible work,
- the practical fallout of IR reform,
- the increasing impact of new workplace delegates’ rights and the resurgence of union membership,
- the commencement of new federal wage theft laws.
From all of us at Herbert Smith Freehills, thank you for your support of InsideIR and the HSF industrial relations practice in 2024, and have a safe, happy and restful end of year break.
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Episode 23: AI in the workplace - bargaining and more
Recorded 13 November 2024
In this episode of Inside IR, Natalie Gaspar and Adam Ray discuss the impact of generative AI on industrial relations and bargaining. They explore how AI technologies, particularly generative AI, are transforming workplaces by performing tasks that typically require human input, such as content creation and decision-making. The episode delves into the responses from Australian unions, including the ACTU's formal policy on AI, which emphasises the need for genuine consultation, transparency, and clearly defined responsibilities and liability. They also discuss the potential for AI to enhance job efficiency and the importance of training employees to use these technologies effectively. The conversation highlights the evolving landscape of industrial relations in the face of rapid technological advancements, the implications for job security and workplace management, and how AI-related claims might be approached in bargaining.
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Episode 22: The right to disconnect
Recorded 23 August 2024
In this episode of Inside IR, Steve Bell and Natalie Gaspar explore the new "right to disconnect" in Australia, which allows employees to refuse to monitor or respond to work-related communications outside of their ordinary hours, unless it is unreasonable to do so. Steve and Nat explore the implications of these new laws, including the role of the Fair Work Commission, how the laws intersect with broader obligations to manage psychosocial risk, the increasing awareness among workers of their rights to reasonable working hours, and the role of employers in managing these expectations.
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Episode 21: Navigating intractable enterprise bargaining – key learnings so far
Recorded 20 August 2024
In this not-to-be-missed episode of Inside IR, Partner Nick Ogilvie and Senior Associate Victoria Fijalski join Rohan Doyle to explore the learnings that can be taken from employers’ early experiences with the new intractable bargaining regime. Join Nick, Vic and Rohan as they:
- recap on what the intractable bargaining regime is, and provide a refresher on the preconditions that need to be met for the Fair Work Commission to make an intractable bargaining declaration;
- review the case law within the intractable bargaining jurisdiction to date, and identify the 5 key traps for employers – mistakes that, if made, are going to lead to poor bargaining outcomes – and tips for how to avoid them; and
- answer the burning question – is there any upside in the intractable bargaining regime for employers?
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Episode 20: The changing landscape of employee mobility
Recorded 8 August 2024
In this episode of Inside IR, Drew Pearson and Shivchand Jhinku are joined by competition partner Patrick Gay to discuss the Australian Government Competition Task Force's review into the use of non-compete and non-solicit provisions in employment contracts. They explore the potential impacts of proposed reforms on employee mobility and the dynamics of the Australian job market, and also delve into the global trends in this area, particularly in the US and UK. The conversation further touches on the role of the Australian Competition and Consumer Commission (ACCC) and the potential changes in its jurisdiction over employment-related matters.
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Episode 19: Workplace delegates’ rights – what employers need to know
Recorded 3 July 2024
In this episode of Inside IR, Rohan Doyle is joined by Mitchell Brennan to discuss the new rights and obligations of workplace delegates. In this not-to-be missed episode, Mitchell and Rohan:
- dissect the new general protections provisions relating to workplace delegates, which commenced in December 2023;
- explore the content and impact of the new modern award delegates’ rights term, which commenced operation from 1 July 2024;
- discuss the implications of these reforms for employers with enterprise agreements; and
- identify what employers need to do to comply with these new laws, including in relation to representation by delegates in the workplace, and access to premises, facilities and training.
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Episode 18: Secure Jobs, Better Pay IR reforms - What impact are they having on bargaining so far?
Recorded 8 April 2024
489 days since the passing of the Secure Jobs, Better Pay Act, this episode of Inside IR provides a timely update on how this legislation is impacting enterprise bargaining in Australia. Rohan Doyle is joined by Senior Associates Victoria Fijalski and Mathew Reiman to explore how key changes introduced by the Act are playing out in workplaces and the Fair Work Commission, including the intractable bargaining jurisdiction, the conciliation requirement prior to industrial action, the new multi-enterprise bargaining framework, and other bargaining process changes. Rohan, Victoria and Mathew conclude by examining data from before and after the Secure Jobs, Better Pay amendments to discern the impact of these changes on disputes and wage outcomes.
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Episode 17: ‘Closing Loopholes’ IR reform – the passing of Bill #2 and what it means for your business
Recorded 19 February 2024
Our latest episode of Inside IR looks at the second tranche of ‘Closing Loopholes’ reforms, which passed both Houses in mid-February 2024 and included some surprise last-minute additions. Rohan Doyle is joined by HSF partners Anna Creegan and Shivchand Jhinku, who dissect some of the key elements of these important reforms, including the new definition of employment, changes to sham contracting prohibitions, new minimum conditions for non-employee road transport and digital labour platform workers, changes to casual employment, and the all-important new ‘right to disconnect’.
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Episode 16: Splitting and passing of the ‘Closing Loopholes’ Bill and the Top 5 IR Predictions for 2024
Recorded 12 December 2023
In our last ‘festive season’ episode of Inside IR for 2023, Rohan Doyle is joined by partners Anthony Wood and Natalie Gaspar to recap the key developments in the industrial relations sphere for 2023 and look ahead to what is in store for 2024.
Natalie steps through the latest (and quite urgent) developments with the Closing Loopholes Bill, and Tony gazes into his crystal ball, and shares the results of our national survey on the top 5 IR predictions for 2024.
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Episode 15: The ‘Closing Loopholes’ Bill - Part 3
Recorded 25 October 2023
In the third instalment of our Inside IR mini-series on the ‘Closing Loopholes’ Bill, Rohan Doyle is joined by partner Aaron Anderson and executive counsel Matthew Cameron from HSF’s Brisbane office to explore the last of the seven big ticket items introduced by the Bill: being the new federal criminal offence for wage theft.
Aaron also steps through the various workplace health and safety changes proposed by the Bill, and provides a clear explanation about the scope of their application, who they are going to impact, and what organisations should be doing to prepare.
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Episode 14: The ‘Closing Loopholes’ Bill - Part 2
Recorded 3 October 2023
In the second episode of our Inside IR mini-series on the ‘Closing Loopholes’ Bill, Rohan Doyle, Anthony Wood and Lucy Boyd discuss four significant elements of the Bill, being: the new casual employee definition, the new definition for working out whether a worker is an employee or contractor, and the new workplace delegate rights.
Rohan, Anthony and Lucy explore the consequences of these proposed new laws, offering valuable insights for businesses on how best to prepare for their potential commencement.
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Episode 13: The ‘Closing Loopholes’ Bill - Part 1
Recorded 13 September 2023
The ‘Closing Loopholes’ Bill, tabled in the House of Representatives on 4 September 2023, proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. It is a continuation of one of the most significant industrial relations reform agendas in Australian history.
In the first episode of our Inside IR mini-series on the Bill, partners Rohan Doyle, Nicholas Ogilvie and Natalie Gaspar discuss some of the most significant changes in the Bill: being same job same pay, the new ‘unfair contracts’ jurisdiction of the FWC, and the new suite of minimum rights and conditions for non-employees in the gig economy and road transport distribution sectors. Rohan, Nick and Natalie explore the practical implications of these proposed new laws, and share some tips for businesses on how best to plan for them.
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Episode 12: Top 6 IR cases of H1 2023
Recorded 13 July 2023
Industrial relations gurus Sophie Beaman and Rohan Doyle break down the practical lessons for IR and HR practitioners from the top six IR cases handed down in the first half of 2023 – the cases you need to know, but might have missed.
Knowing the ins and outs of cases such as these enables practitioners to maximise the opportunities and reduce the threats presented by the Australian IR system. Tune in and hear Sophie and Rohan answer a range of interesting questions, such as:
- How might an employer go about ending bargaining in circumstances where it can’t reach agreement on the appropriate wage increases?
- How might employers go about reducing ambiguity and uncertainty in their enterprise agreement terms?
- How relevant is inflation and the maintenance of real wages when the Fair Work Commission is arbitrating wage outcomes?
- Can you ‘cool off’ industrial action whilst waiting for your intractable bargaining declaration to be heard?
- What happens if an employer makes a mistake in the description it provides to its employees about their existing conditions, when explaining the impact of a proposed new enterprise agreement?
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Episode 11: Unlocking enterprise agreement approvals
Recorded 23 May 2023
In episode 11, we explore the changes to the EA approval process, including the intricacies of the pre-vote procedures and the crucial role played by the Fair Work Commission in assessing applications for approval of enterprise agreements. Our IR partners Rohan Doyle and Rachel Dawson share their insight into the changes, including the all-important test in determining whether employees have 'genuinely agreed' to enterprise agreements.
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Episode 10: Unravelling the IR landscape across five decades
Recorded 4 May 2023
In this episode Rohan Doyle speaks with industrial relations legend Russell Allen, a senior consultant in our Employment and Industrial Relations group and former partner. With a wealth of experience spanning 50 years at Herbert Smith Freehills, Russell shares with Rohan the changes we have seen in industrial relations over the last five decades, how the current IR landscape compares to that of the past, and what lessons can be applied to the new world of industrial relations post the Secure Jobs, Better Pay amendments.
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Episode 9: Bargaining preparation in the new world of IR
Recorded 27 March 2023
In this episode, partners Rohan Doyle and Tony Wood discuss bargaining dynamics arising from changes to union and employer leverage following the Secure Jobs, Better Pay reforms, and share practical suggestions for how employers should approach bargaining planning in this new world of IR.
Many employers will be focussed on securing enterprise agreements which minimise the potential perils of multi-employer bargaining or arbitration by the Fair Work Commission. How should employers prepare for these changes? What’s more important now? And what are some of the key preparatory steps that employers can take to enhance their bargaining outcomes? Rohan and Tony consider all of this and more in an enlightening conversation covering the priorities for pre-bargaining planning (how much and how long in advance is desirable?), the importance of securing employee trust and engagement, being ready for compulsory arbitration by the Commission, what unions do well and where employers can do better. This episode has lots of practical tips and insights, including for experienced IR practitioners.
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Episode 8: Intractable bargaining
Recorded 27 March 2023
In this episode, partners Rohan Doyle and Drew Pearson explore one of the most significant changes to enterprise bargaining in decades - the new intractable bargaining regime. Rohan and Drew reflect on how the regime will completely change the way employers approach enterprise bargaining, and discuss how the Fair Work Commission will go about arbitrating contested claims. They also share their tips on how employers can best prepare for bargaining under this new regime.
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Episode 7: The new world of multi-enterprise bargaining
Recorded 16 February 2023
In this episode we take a look at the new multi-enterprise bargaining regime and answer the big questions on Australian employers’ minds. Why is this one of the most significant changes to Australian industrial relations in decades? How will unions use it to force bigger and more equal salaries across industries? What are the risks that it presents to employers and unions? Why is (almost) every employer exposed? How can employers avoid being forced into the regime? And how should employers best prepare for its commencement in June 2023?
Rohan Doyle, and Nicholas Ogilvie share their insights on these important questions and draw out key strategies that employers should consider well ahead of commencement of the new world of multi-enterprise bargaining.
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Episode 6: Top 6 IR cases of 2022 (that you need to know, but might have missed)
Recorded 31 January 2023
In this episode we take a brief break from IR reform, and take a look at the top 6 IR cases of 2022 that IR and HR practitioners need to know, but might have missed. These decisions of the Fair Work Commission and the Federal Court will have significant implications for many employers. Rohan Doyle, Natalie Gaspar and Brad Popple break down the detail and draw out the key practical points which IR practitioners should be across.
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Episode 5: Secure Jobs, Better Pay Act 2022
Recorded 5 December 2022
In this episode we deep dive into the recently passed Secure Jobs, Better Pay Act, which is set to have a significant impact on the industrial relations environment in Australia. Rohan Doyle, Natalie Gaspar and Nicholas Ogilvie discuss how enterprise bargaining will change under these new laws, and the work that employers will need to do to best position themselves for this new bargaining environment.
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Episode 4: The enterprise agreement approval process
Recorded 21 October 2022
In this episode we again change pace from looking at industrial relations reform, and instead explore the practical problems employers are facing in getting enterprise agreements approved.
Wendy Fauvel joins Rohan Doyle and takes us through the top six issues we are seeing of late with enterprise agreement approval applications and the process more generally. They also highlight the importance of clarity in the drafting of enterprise agreements given the risk of payroll compliance issues. This will be an area to watch, as it may also be impacted by the impending Secure Jobs, Better Pay reforms.
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Episode 3: Current trends in enterprise bargaining
Recorded 21 October 2022
In this episode we take a break from industrial relations reform and instead share insights on the enterprise bargaining environment in Australia. Rohan Doyle and Anthony Wood discuss what employers are currently seeing at the bargaining table, including some interesting statistics on what is quite a unique bargaining environment.
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Episode 2: Jobs & Skills Summit, Part 2 – Same Job, Same Pay, limits on non-permanent labour, and enterprise bargaining reform
Recorded 4 October 2022
In our second episode of Inside IR, partners Rohan Doyle and Natalie Gaspar continue their breakdown of the action items arising from the Federal Government’s Jobs and Skills Summit. We look at the proposed Same Job, Same Pay reforms, proposals to limit the use of non-permanent labour, and proposals to increase the proportion of employees covered by enterprise agreements. We also provide an update on the status of enterprise agreement terminations and multi-enterprise bargaining.
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Episode 1: Jobs & Skills Summit, Part 1 – Multi-employer bargaining and termination of enterprise agreements
Recorded 26 September 2022
In our very first episode of Inside IR, partners Rohan Doyle and Natalie Gaspar begin their deep dive into the Federal Government's recent Jobs & Skills Summit. We look at some of the key areas of focus coming out of the Summit, namely the proposal to limit the ability of employers to terminate enterprise agreements during enterprise bargaining, and the potential for forced multi-employer bargaining and sector-wide industrial action campaigns. Rohan and Nat explore the practical impact these potential reforms might have on Australian workplaces and the issues to consider during the post-Summit consultation phase.
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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.
© Herbert Smith Freehills 2024
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