Course Catalogues / Courses / Description

Price: 3950 €

• Compare the key differences in Australia’s IR system: pre and post- WorkChoices

• Assess the radical changes in Australian employment laws and their implications

• Investigate new legal requirements for AWA’s and Common Law contract alternatives

• Prepare for Common Law claims arising now ‘Unfair Dismissal’ has effectively been removed

• Discover the “5 Pillars” supporting the federal workplace reform strategy

• Learn practical steps for implementing the new workplace reforms

• Understand contract law with emphasis on employment contracts

• Learn the ‘anatomy’ of contracts and important employment-related clauses

• Develop robust methods for drafting and negotiating contracts

• Become aware of the differences between service, supply and technology contracts

• Learn how the new WorkChoices legislation has revolutionised Australian labour laws and overturned the traditional industrial relations system that has been in place for over 100 years

• Understand the operation and interaction of the ‘5 Pillars’ supporting the new federal system of individual worker contracts

• Gain a practical understanding of the ‘anatomy’ of drafting contracts and learn important clauses to include in employment agreements

• Investigate the new legal requirements for Australian Workplace Agreements and discover the potential for Common Law contracts to skirt those obligations

• Now that workers’ right to claim “unfair dismissal” has mostly been eliminated, become prepared to handle the looming Common Law alternative claims of discrimination, unsafe workplaces and breach of Common Law contract

• Examine contract law as it applies to employment contracts

• Develop robust methods of negotiating and drafting employment contracts

Who Should Attend

Senior Management and Directors, HR Managers and Supervisors, Business Development Managers, Strategic Planning Personnel, Contract Management Teams, Workplace Relations Managers and Supervisors

Course Details

Course Registration:          8:15am
Course Commencement:    8:30am
Course Conclusion:            5:00pm

Break Times:
Customised to suit participant requirements

Explanation of Timings:
These times act as a guide and may modify slightly depending on the depth of interactive class discussion and whether assessments are being conducted

Course Program:
This program is a guide and may alter to better address participant requirements on a consensus basis

DAY ONE Course Overview and Introduction of Delegates Session 1: The Social Context of Workplace Changes Workplace implications New business environment New business structures New management roles Session 2: Defining and Understanding Employment Law Historical background Constitutional framework Conciliation and arbitration Corporate liabilities Session 3: Examining the Workplace Relations Act 1996 Australian Industrial Relations Commission Office of the Employment Advocate Australian Workplace Agreements (AWA’s) AWA’s -v- Certified Agreements Session 4: Reviewing State and Territory IR Systems Constitutional differences The changing bargaining system The changing role of unions Reasons for workplace focus Session 5: A Brave New (Industrial) World A National IR System? Who is covered? Who is not covered? How all employers must change to conform Session 6: Agreement Making Under WorkChoices Interaction of agreements and awards The Australian Fair Pay Commission The fair pay and conditions standard Prohibited matters Protected federal award matters Termination of agreements Court’s powers to vary, void or continue Pattern bargaining outlawed New limits on union power End of Day 1

DAY TWO Session 7: Changes to Unfair Dismissal Laws As it was and as it is Unfair or unlawful? Alternative legal action for unfair dismissal Common law rights and actions Session 8 & 9: Examining and Interpreting the ‘5 Pillars’ of the Reform Strategy The WorkChoices legislation The Building & Construction Industry Improvement Act The new Federal Occupational Health & Safety Code The Independent Contractors Act 2006 Judicious application of government spending Transitional arrangements Session 10: “Workers” – Employees or Contractors? Where did “the law” come from? Identifying the employment contract Rights and duties of employers Rights and duties of employees What is a workplace? Session 11: The Law of Contract Sources of contract law Legal concepts Elements of contract Types of contract Non-Contractual liability Session 12: Practical Contract Drafting Methods Structure of contracts Practical aspects of drafting contracts Using the contract content matrix Examples from case law and commercial contracts End of Course

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